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Commonwealth of Pennsylvania 



THE COMMISSION ON 

Constitutional Amendment and Revision 



REPORT 

OF THE 

COMMISSION 

TO THE 

GENERAL ASSEMBLY 



DECEMBER 15, 1920 



^ 









./} 



Members : 

William I. Schaffer, Chairman 

George E. Alter 

Hampton L. Carson 

John P. Connelly 

Thomas DeWitt Cuyler 

Charles H. English 

John S. Fisher 

Edward J. Fox 

James Gay Gordon 

John P. Kelly 

Vance C. McCormick 

Mrs. John O. Miller 

R. L. Munce 

George Wharton Pepper 

William Perrine 

GifTord Pinchot 

James H. Reed 

Edgar Fans Smith 

Edward J. Stackpole 

William Kerper Stevens 

Mayer Sulzberger 

Francis Newton Thorpe 

Chester J. Tyson 

John A. Voll 

Mrs. Barclay H. Warburton 



William Draper Lewis, Secretary 
Matthew H. Taggart, Assistant Secretary 



LIBRARY OF CONGRESS 
RECEIVED 

FEB9-1921 

| DOCUMENTS DIVISION 



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PART I. 



INTRODUCTORY SUMMARY. 



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REPORT OF THE COMMISSION ON 
CONSTITUTIONAL AMENDMENT AND REVISION 

TO THE GENERAL ASSEMBLY OF THE 
COMMONWEALTH OF PENNSYLVANIA 

To the Members of the Senate and House of Kepresentatives : 

Your Commission was appointed by the governor on November 22, 
1919, under the act of June 4, 1919, P. L. 388. The second section 
of the act states our duties as follows: 

"It shall be the duty of the Commission on Constitutional 
Amendment and Revision to study comprehensively and in 
detail the provisions of the present constitution in the light 
of modern thought and conditions with especial view of the 
necessity or advisability of changing or omitting any such 
provisions, in order to obtain and secure for the people of this 
commonwealth a form of government best suited to their needs 
and most conducive to their welfare. If the commission find 
a change in the constitution advisable, it shall determine the 
best means of effecting such change, whether by amendment of 
particular sections or articles or by general revision. 

"The commission shall report to the general assembly at its 
next session of one thousand nine hundred and twenty-one, 
not later than the first Monday of February. The report shall 
contain in detail such recommendations as to the continuance, 
discontinuance, or modification of existing provisions, or the 
adoption of new provisions, as the commission, from its investi- 
gations and study, shall deem advisable and proper. The re- 
port shall further contain drafts of any proposed amendments, 
or may contain the draft of a general revision." 



PART I. 

INTRODUCTORY SUMMARY. 

The first meeting of the Commission was held on December 9, 1919. 
This and all subsequent meetings have been public, and, with the 
exception of one meeting at Scranton, have been held in the Senate 
Chamber at Harrisburg 

In April, a series of public hearings was held at which any citizen 
of the commonwealth who desired was given an opportunity to make 
suggestions. The suggestions thus received were most helpful. 

The draft of a revised constitution which appears as Part II '/f 
this report was prepared after a comprehensive study of the present 
constitution "in the light of modern thought and conditions." This 

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REPORT OF THE COMMISSION ON 



draft embodies those changes in the present constitution which we 
believe will "obtain and secure for the people of this commonwealth 
a form of government best suited to their needs and most conducive 
to their welfare.'' 

Xo changes are recommended with respect to the general form of 
our state government. The division of powers among the executive, 
legislative and judicial branches is, in our opinion, wise and neces- 
sary. Although great changes in thought and conditions have taken 
place since the last constitutional convention, they do not make neces- 
sary new experiments in the machinery of law-making or lessen the 
value of representative government. 

We find no necessity for any change in the Bill of Eights. To- 
day, as throughout our history as a state, it expresses the funda- 
mental principles upon which rest the right of the citizen to the 
protection of his person and property. Study and reflection con- 
vince us that no alteration should be made either in substance or 
in form and therefore Article I of the constitution as proposed is 
identical with Article I of the present constitution. 

The remaining articles in the draft submitted propose in effect, 
one hundred and thirty-two changes of substance in the present 
constitution. A considerable number of important changes are sug- 
gested in the provisions set forth in the articles on The General As- 
sembly, Legislation, The Executive, The Judiciary, Suffrage and 
Elections, and Taxation and Finance. The changes of substance in 
the other articles are so numerous that it has been necessary to re- 
arrange and re-write them. In the draft submitted all the provisions 
of Article XII, Social Welfare, are new; and those of Article XI, 
Education, are also new with the exception of the provisions of 
one section. Article XIII contains the scattered provisions of the 
present constitution in respect to municipalities, with several changes 
and with a number of new provisions of great importance. 

Great care has been taken to express the provisions of the con- 
stitution as proposed in clear and simple English. Inaccurate lan- 
guage inevitably gives rise to doubt and litigation. It is of the 
greatest importance, therefore, that each section of the constitution 
should be so expressed as to put its meaning beyond the possibility 
of dispute. To this end, care has been exercised throughout the pro- 
posed constitution to use words and phrases uniformly. As a result, 
an idea is always expressed by the same word or phrase, and a word 
or phrase always expresses the same idea. 

Pains have been taken to avoid the use of unnecessary words. The 
proposed constitution is shorter than the present constitution, al- 
though it contains many new provisions. 

In a number of cases where the provisions of the present constitu- 
tion have been adopted, ''clarifying changes" have been made in or- 
der to resolve ambiguities. In such cases the meaning of existing 
provisions has been interpreted in the light of judicial decisions, 
or, in the absence of such decisions, in accordance with what we 
judge to be the correct interpretation. 

In Part II, in the notes to the constitution as proposed, will be 
found cross-references to the corresponding sections of the present 
and prior constitutions of the commonwealth. 



CONSTITUTIONAL AMENDMENT AND REVISION. 



In Exhibit A will be found an explanation of the exact sense in 
which certain technical words, such as "officer," "commonwealth," 
and "state" are used. 

In Exhibit B will be found, in parallel columns, the text of the 
constitution as proposed and the text of the corresponding provisions 
of the present constitution. 

In Exhibit C will be found the text of the constitution as proposed, 
with a note to each section giving the text of the corresponding pro 
visions of the present constitution and explaining the changes of 
substance and clarifying changes embodied in the new section. 

Exhibit D contains the text of the present constitution with cross- 
references to the corresponding provisions of the constitution as 
proposed. 

Exhibit E is an index to the proposed constitution. 

The published records of the Commission include a full steno- 
graphic report of all meetings, the reports of committees and the 
memoranda and briefs submitted by the secretary containing informa- 
tion pertinent to the subjects considered. In order that all the in- 
formation which has been gathered on constitutional amendment 
and revision may be accessible in convenient form, we have directed 
our secretary to prepare a synopsis of the material collected and of 
the suggestions made. 

BRIEF STATEMENT OF PRINCIPAL CHANGES RECOMMENDED. 

A brief statement of the* principal substantive changes 
recommended will suggest the extent to which we believe that 
it is necessary to revise the present constitution. 

Organization of State Government. 

We have found occasion for substantive changes in the ar- 
ticles dealing with the organization of the state government. 

Judicial Organization. 

Thus, in the article on The Judiciary, the draft submitted 
suggests a number of important changes: 

Superior Court. 

The superior court is established as a constitutional court 
with jurisdiction as prescribed by law. 

Philadelphia Common Pleas. 

The several numbered courts of common pleas in the county 
of Philadelphia are combined in a single court thus conform- 
ing with the system which now prevails in the other counties. 



Associate Judges. 



The office of associate judge, not learned in the law, which 
now exists in manv of the counties, is abolished. 



REPORT OF THE COMMISSION ON 



Justices of Peace. 

A total change is made in the method of selecting and re- 
moving justices of the peace so that every county will be 
divided into districts, each district having a single justice who 
will be paid a salary only for judicial services and will be sub- 
ject to removal by the court of common pleas for cause shown. 

Philadelphia Magistrates. 

In Philadelphia, the system of magistrates is abolished and 
there is substituted a system of justices of the peace learned 
in the law somewhat similar to that suggested for the other 
counties, subject, however, to changes as prescribed by law. 

Pleading and Practice. 

The duty of regulating pleading and- practice in courts of 
record is imposed upon the supreme court as the body best 
fitted to deal with these problems. 

Duties of Judges. 

The provision of the present constitution which forbids the 
imposition of non-judicial duties upon the justices of the su- 
preme court is extended to the judges of all courts, excepting, 
however, the supervision of elections and certain powers of 
appointment which, it is submitted, may be properly entrusted 
to the judiciary. 

Executive Appointments. 

In the article on The Executive it is recommended that the 
governor should appoint the secretary of internal affairs ; that, 
so far as practicable, the governor should be forbidden to fill 
vacancies without the consent of the senate: and that the "civil 
service system" should be extended to employes of the state 
government. 

Powers and Duties of State Government. 

Other and more numerous changes are suggested in the pro- 
visions dealing with the powers and duties of the state govern- 
ment. 

Budget and Charitable Appropriations. 

Modern conceptions of efficiency in the conduct of govern- 
ment, and the necessity for the expenditure of large sums of 
money annually in the support of institutions for the care of 
the sick, the defective and the insane have led us to recom- 
mend the establishment of a complete budget system for the 
state government and of an entirely new method of appropriat- 
ing money to charities. 

Pensions. 

We recommend the expansion of the powers of the state 
government so that it can pay pensions not only for military 



CONSTITUTIONAL AMENDMENT AND REVISION. 



services but to any class of retired servants of the state govern- 
ment and to school teachers. 

State Highways. 

The increased necessity for the construction of public high- 
ways is recognized by a provision permitting the state govern- 
ment to borrow one hundred and fifty million dollars for that 
purpose. 

State Forests. 

The obligation to conserve and develop the natural resources 
of the state is recognized and its discharge is made possible 
by a provision permitting the state government to borrow 
twenty-five million dollars for forest purposes. 

State Debt. 

A debt. created for either of these purposes must have the 
consent of two-thirds of each house of the general assembly 
and of the electors of the commonwealth voting on the ques 
tion. 

Amortization of State Debt. 

Provision is made for the amortization of such loans by the 
issue of serial bonds. 

Printing and Supplies. 

The restrictions in the present constitution prohibiting the 
state government from doing its own printing and from pro- 
viding supplies necessary for the capitol buildings are removed, 
and the provisions affecting contracts for printing and sup- 
plies are revised. 

Taxation. 

The principal changes in the constitution as proposed affec- 
ing taxation are the recognition of the right of the state gov- 
ernment, in levying an income or inheritance tax, to exempt 
incomes and estates below a minimum specified in the tax law, 
of the right to levy a special tax on anthracite coal, and of the 
right to appropriate money from the state treasury for the 
relief of persons, corporations or municipalities injured or 
damaged by surface subsidence resulting from past or future 
mining of anthracite coal. The first change is in accordance 
with modern thought and practice. The other two will, we 
hope, enable the state government to take care of an existing 
condition in the Lackawanna coal district which is at present 
beyond the ability of the municipalities concerned to deal with 
in a way fair to all the public and private interests affected. 



10 REPORT OF THE COMMISSION ON 



Suffrage and Elections. 

Race, Color or Sex. 

In the article on Suffrage and Election?, we have inserted a 
provision expressly declaring that the right to vote or to hold 
office shall not be denied on account of race, color or sex. 

Payment of Taw. 

The tax qualification for voting is omitted. 

Corporations. 

The present constitution contains many wise provisions re- 
lating to corporations which it would be most unfortunate to 
alter, but it also contains certain prohibitions which experience 
has shown serve no public interest and hamper legitimate 
enterprise. 

Holding Real Estate. 

We have omitted the present restriction with respect to cor- 
porate ownership of real estate. 

Stock Issues. 

A change is suggested in the provisions with respect to 
issuing stock, so that it will be possible to issue new stock for 
less than par if the market value is below par. 

Investment by Trustees. 

The proposed constitution permits the investment by trus- 
tees in corporate bonds, provided such bonds are approved by 
an agency created by law. 

Public Utilities. 

In the article on public utilities, alterations and additions 
are suggested to meet the growing importance of the subject. 

Regulation. 

In the constitution as proposed, it is declared that all public 
utilities, and not merely railroads, canals and telegraphs, as 
in the present constitution, may be regulated by law or by 
an agency created by law, and the principles stated in the 
present constitution relating to the obligations of railroad, 
canal and telegraph corporations to the public and to each 
other have been amplified and extended to all utilities engaged 
in the transportation or transmission of passengers, freight 
or messages. 

Consolidation of Corporations. 

It is proposed to permit the consolidation of public service 
corporations, subject to proper regulation. 



CONSTITUTIONAL AMENDMENT AND REVISION. 11 



Surplus Electricity. 

A provision is inserted permitting a common carrier to sell 
to others its surplus electricity for light, heat or power. 

Rights in Waters. 

We recommend that neither the state government nor a 
municipality should be permitted to grant a right in waters 
for more than fifty years or without just compensation. 

Education. 
Public Educational System,. 

The improvement of the educational system of the common- 
wealth is a matter of immediate necessity. The suggested 
article on this subject requires the creation of a system of 
education no more than adequate, though far in advance of 
that which exists today. This system is to include free ele- 
mentary, secondary and vocational education for all children, 
free mental and vocational training for persons under mental 
or physical disability, free education in American citizen- 
ship for adults, schools for the training of teachers, public 
libraries and one or more universities. The system is to be 
administered by a state council of education appointed by the 
governor with a commissioner of education as its chief execu- 
tive officer. 

School Fund. 

A permanent state school fund is provided. 

English Language. 

There is a provision requiring the basic instruction in public 
and private schools to be given in the English language and 
from English text books. 

Social Welfare. 

As a people we have grown conscious to a degree in which 
we were not conscious fifty years ago of the obligation of the 
commonwealth to care for those who, on account of physical 
or mental infirmities, cannot care for themselves. The article 
on Social Welfare in the constitution as proposed declares that 
laws shall be enacted providing for the maintenance of an 
efficient system of institutions and) agencies to care for resi- 
dents of the commonwealth who cannot care for and support 
themselves on account of physical or mental infirmities or 
other misfortunes. It also provides that those sentenced to 
imprisonment shall be employed at useful labor and compen- 
sated for their employment. Finally, provision is made for 
subjecting charitable, correctional and penal institutions and 
agencies to governmental inspection and supervisory control 
and for vesting the power to enforce the law with respect to 
such institutions in one or more departments of the state gov- 
ernment or in such agencies as may be prescribed by law. 



12 REPORT OP THE COMMISSION ON 



Municipalities. 



The increase of urban population since the last constitu- 
tional convention and the growth of two great metropolitan 
districts of which Philadelphia and Pittsburgh are the centers, 
present many constitutional problems which did not exist in 
1873. The article on Municipalities in the constitution as pro- 
posed therefore necessarily contains a large number of im- 
portant changes of substance, while many of its sections deal 
with subjects on which the present constitution is silent. 

Classification. 

It is suggested that, on the basis of population, cities, coun- 
ties and school districts should be divisible into seven classes 
and that other municipalities should be divisible into five 
classes. 

Home Rule for Cities. 

A "home rule" section provides that laws may be enacted 
giving to cities of a particular class authority to frame, adopt 
and amend charters for their organization and government. 

Change of Boundaries. 

It is recommended that the boundaries of cities and boroughs 
should be changed only with the consent of the inhabitants of 
the territory affected. 

Appointment of Officers. 

To make "ripper legislation" impossible, a section is sug- 
gested providing that appointive municipal officers must be 
appointed by an officer or agent of the municipality. 

Philadelphia 'County Officers. 

To meet problems peculiar to Philadelphia, it is proposed 
that, in a county co-extensive with a city, county officers may 
be abolished and their duties may be imposed upon city officers. 
In order to eliminate the "mandamus evil," it is further sug- 
gested that in such counties the salaries and expenses of county 
officers and the expenses of local judges should be controlled 
by the municipal authorities. 

Borrowing Power. 

The provisions of the present constitution with respect to 
the borrowing power of municipalities and the amortization of 
municipal loans are completely revised. We believe that the 
suggested provisions will enable municipalities to borrow suffi- 
cient money for all necessary public improvements without a 
constant resort to the process of constitutional amendment. 

Assessment of Benefits. 

To facilitate further the erection of public improvements, it 
is suggested that it should be possible to enact laws providing 
for the assessment of benefits against property specially and 



CONSTITUTIONAL AMENDMENT AND REVISION. 13 



particularly benefited by such improvements even though not 
actually abutting on the improvements. 

Excess Condemnation. 

It is also suggested that the state government and munici- 
palities should be permitted to acquire, by right of eminent 
domain, more land than it is proposed to retain and to dispose 
of the surplus subject to appropriate restrictions. 

Zoning Regulations. 

Zoning regulations are declared to be within the scope of 
municipal powers. 

Contracts between Municipalities. 

To meet the needs of municipalities with mutual interests, 
it is recommended that two or more municipalities should be 
permitted to contract for the joint conduct of public enter- 
prises. 

Future Amendments and Revision. 

In the article on amendments and revision, a new section 
is suggested providing for a method of erecting constitutional 
conventions, to frame new constitutions or to suggest amend- 
ments or revisions. 

CONSTITUTIONAL CONVENTION RECOMMENDED. 

If a considerable number of changes of substance are, as we be- 
lieve, necessary to make the constitution of the commonwealth con- 
form to modern thought and conditions, it is evident that the present 
constitution should be revised- 1 — not burdened with a large number 
of additional amendments. 

The constitution as proposed is, in effect, a revision of the present 
constitution. 

There are two methods of changing the constitution: one, by con- 
stitutional convention; the other, by the adoption of amendments 
in the manner prescribed by Article XVIII of the present constitu- 
tion. 

The commonwealth has had four constitutions, — those of 1776, 
1790, 1838 and 1874. Each of these constitutions was drafted by a 
constitutional convention, the members of which were elected by the 
people. 

The method of amendment provided in Article XVIII of the pres- 
ent constitution is first found in the constitution of 1838. It was 
inserted not as a substitute for the constitutional convention, but to 
provide a means by which the provisions of some one section could 
be amended without the necessity of calling a convention to propose 
the amendment. This being the manifest purpose of Article XVIII, 
there is grave doubt whether the machinery of amendment provided 
for in that article can be used to adopt, under the form of one or 
more amendments, what is in effect a general revision of the consti- 
tution. 



14 REPORT OF THE COMMISSION ON 



We believe in representative government as a fundamental Ameri- 
can institution. It is one of the essentials of representative govern- 
ment that the whole people, through representatives duly selected in 
a manner authorized by the people, shall have the right to frame 
their fundamental law. A constitutional convention, composed of 
duly selected representatives, is the only practical way in which the 
citizens of the great Commonwealth can frame a constitution. It 
is also one of the essentials that the revision of the fundamental law, 
so made by a representative convention, constituted in accordance 
with the wish of the citizens, should be submitted to the people for 
their approval or disapproval. 

We, therefore, recommend the enactment of laws necessary to pro- 
vide for 

(1) The submission to the people of the question of calling a con- 
stitutional convention, and the method of selection of the members 
of the proposed convention. 

(2) The reference to the convention of the constitution here pro- 
posed. 

(3) The submission to the people of the proposals of the conven- 
tion. 



WILLIAM I. SCHAFFER, Chairman 

GEORGE E. ALTER 

HAMPTON L. CARSON 

JOHN P. CONNELLY 

THOMAS DeWITT CUYLER 

CHARLES H. ENGLISH 

JOHN S. FISHER 

EDWARD J. FOX 

JAMES GAY GORDON 

JOHN P. KELLY 

VANCE C. McCORMICK 

MRS. JOHN O. MILLER 

R. L. MUNCE 

GEORGE WHARTON PEPPER 

WILLIAM PERRINE 

GIFFORD PINCHOT 

JAMES H. REED 

EDGAR F. SMITH 

EDWARD J. STACKPOLE 

WILLIAM KERPER STEVENS 

MAYER SULZBERGER 

FRANCIS NEWTON THORPE 

CHESTER J. TYSON 

JOHN A. VOLL 

MRS. BARCLAY H. WARBURTON 



PART II, 



PROPOSED CONSTITUTION. 



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PART II. 

PROPOSED CONSTITUTION. 



TABLE OF CONTENTS. 



ARTICLE 



I— DECLARATION OF RIGHTS. 



Preamble. 

Section 1. 

Section 

Section 

Section 

Section 

Section 

Section 

Section 8. 

Section 9. 

Section 10. 

Section 11. 

Section 12. 

Section 13. 

Section 14. 

Section 15. 

Section 16. 

Section 17. 

Section 18. 

Section 19. 

Section 20. 

Section 21. 

Section 22. 

Section 23. 

Section 24. 

Section 25. 

Section 26. 



Natural Rights of Mankind. 

Power of People. 

Rights of Conscience. 

No Disqualification for Religious Belief. 

Freedom of Elections. 

Trial by Jury. 

Freedom of the Press. — Libel. 

Searches and Seizures. 

Rights of Accused in Criminal Prosecutions. 

Criminal Information. — Twice in Jeopardy. — Emi- 
nent Domain. 

Courts to be Open. — Suits against Common- 
wealth. 

Power of Suspending Laws. 

Bail. — Fines. — Punishments. 

Prisoners to be Bailable. — Habeas Corpus. 

Oyer and Terminer. 

Insolvent Debtors. 

Ex Post Facto Laws. — Impairment of Contracts. 

Attainder. 

Attainder Limited. — Estates of Suicides. — Deo- 
dands. 

Right of Petition. 

Right to Bear Arms. 

Standing Army. — Military Power Subordinate to 
Civil. 

Quartering of Troops. 

Titles.— Officers. 

Emigration. 

Reservation of Powers in People. 



ARTICLE II— THE LEGISLATURE. 



Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 10. 
Section 11. 
Section 12. 
Section 13. 
Section 14. 
Section 15. 
Section 16. 



Legislative Power. 
Legislative Apportionment. 
Senatorial Districts. 
Representative Districts. 
Qualifications of Members. 
^Election and Terms of Members. 
Compensation of Members. 
Privileges of Members. 
Times of Sessions. 
Quorums. 

Powers of Each House. 
Choice of Officers. 
Officers and Employes. 
Journals. 

Sessions to be Open. 
Adjournments. 



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REPORT OF THE COMMISSION ON 



ARTICLE III— LEGISLATION. 



Section 

Section 

Section 

Section 

Section 

Section 

Section 

Section 

Section 

Section 10. 

Section 11. 

Section 12. 

Section 13. 

Section 14. 
Section 15. 
Section 16. 
Section 17. 
Section 18. 
Section 19. 
Section 20. 
Section 21. 
Section 22. 
Section 23. 
Section 24. 
Section 25. 
Section 26. 



Method of Enacting Laws. 
Bills for Raising Revenue. 
Printing and Reference of Bills. 
Member Interested in Bill Not to Vote. 
Amendments and Conference Committee. 
Notice of Local or Special Bills. 
Final Passage of Bills. 
Signing of Bills by Presiding Officers. 
One Subject in Each Law. 
Titles of Laws. 

Form of Amending, Reviving or Extending Laws. 
Budget and Appropriation Bills. 
Appropriations to Charitable and Educational In- 
stitutions. 
Appropriations to Denominational Institutions. 
Certain Appropriations Permitted. 
Gratuities and Extra Compensation Forbidden. 
Approval and Veto by Governor. 
Approval and Veto of Appropriation Bills. 
When Laws Shall Take Effect. 
Local and Special Laws Forbidden. 
Damages for Injuries. 
Land Titles. 
Militia. 
Streams. 

Legislation at Special Sessions. 
Change of Capital. 



ARTICLE • IV— THE EXECUTIVE. 



9. 



Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 10. 
Section 11. 
Section 12. 
Section 13. 
Section 14. 
Section 15. 
Section 16. 
Section 17. 
Section 18. 
Section 19. 
Section 20. 
Section 21. 
Section 22, 



Executive Power. 

Qualifications of Governor. 

Election of Governor. 

Contested Election of Governor. 

Term of Governor. 

Supreme Executive Power. 

Military Power. 

Appointing Power. 

Pardoning Power. 

Power to Require Information. 

Duty fo Inform General Assembly. 

Power to Adjourn or Convene General Assembly, 

Lieutenant-Governor. 

Succession to Governorship. 

Succession to Lieutenant-Governorship. 

Determination of Disability. 

Secretary of the Commonwealth. 

Secretary of Internal Affairs. 

Auditor General and State Treasurer. 

State Contracts. 

Public Printing and Supplies. 

Seal and Commissions. 



ARTICLE 



V— THE JUDICIARY. 



Section 

Section 
Section. 
Section 
Section 
Section 
Section 
Section 
Section 
Section 
Section 11 
Section 12 
Section 13 
Section 14 
Section 15 
Section 
Section 17 
Section 18 



10. 



16. 



Section 19. 



Judicial Power. 

Supreme Court. 

Jurisdiction of Supreme Court. 

Regulative Power and Duty of Supreme Court. 

Superior Court. 

Jurisdiction of Superior Court. 

Judicial Districts. 

Courts of Common Pleas. 

Jurisdiction of Courts of Common Pleas. 

Common Pleas Court in Philadelphia. 

Criminal Courts. 

Orphans' Courts. 

Justices of the Peace !Not in Philadelphia. 

Justices of the Peace in Philadelphia. 

Judgeships to be Numbered. 

Determining Priority. 

Residence of Judges. 

Compensation of Judges and of Justices of the 

Peace. 
Duties of Courts to be Judicial Only. 



CONSTITUTIONAL AMENDMENT AND REVISION. 
ARTICLE V— THE JUDICIARY— Continued. 



19 



Section 20. Power to Change Venue. 

Section 21. Appeals to Supreme Court in Homicide Cases. 

Section 22. Appeals from Courts not of Record. 

Section 23. Process and Indictments. 

Section 24. Trial without Jury. 

Section 25. Employment of Counsel and Graded Costs. 



ARTICLE VI— SUFFRAGE AND ELECTIONS. 



Section 

Section 

Section 

Section 

Section 

Section 

Section 

Section 

Section 

Section 10. 

Section 11. 

Section 12. 



Qualifications of Electors. 

Residence of Electors. 

Voting in Military or Naval Service. 

Privileges of Electors. 

Election Offenses. 

Election Districts. 

Election Officers.- 

Overseers of Elections. 

Time of Holding Elections. 

Secrecy in Voting. 

Trial of Contested Elections. 

Elections by Representative Bodies. 



ARTICLE VII— PUBLIC SERVANTS. 



Section 1. Times of Election. 

Section 2. Incompatible Offices. 

Section 3. Disqualifications from Holding Office. 

Section 4. Official Oath. 

Section 5. Extension, of Term and Change of Compensation. 

Section 6. Impeachment. 

Section 7. Removal Otherwise than by Impeachment. 

Section 8. Appointments and Promotions. 

Section 9. Bribery. 



ARTICLE VIII— TAXATION AND FINANCE. 



Section 1. Method of Taxation. 

Section 2. Exemption from Taxation. 

Section 3. Power to Tax Not to be Surrendered. 

Section 4. Limitation on State Debt. 

Section 5. Law Shall State Purpose of Loan. 

Section 6. Amortization of State Debt. 

Section 7. State Credit Not to be Pledged. 

Section 8. Municipal Debt Not to be Assumed by State. 

Section 9. Reserve Funds. 

Section 10. Paying Out Public Money. 

Section 11. Misuse of Public Moneys. 



ARTICLE IX— CORPORATIONS. 



Section 1. Corporate Powers. 

Section 2. Stocks and Bonds. 

Section 3. Investment of Trust Funds. 

Section 4. Bank Notes and Bills. 

Section 5. Cumulative Voting. 

Section 6. Foreign Corporations. 

Section 7. Commonwealth's Rights of Eminent Domain and 
Police Power. 

Section 8. Corporate Obligations Owned by State. 

Section 9. Statutes of Limitations. 

Section 10. Revocation and Alteration of Corporate Charters. 

Section 11. Conditions Imposed on Certain Benefits to Cor- 
porations. 

Section 12. Banks and Trust Companies. 

Section 13. Definition of Corporations. 



ARTICLE X— PUBLIC UTILITIES. 

Section 1. Regulation of Public Utilities. 
Section 2. Eminent Domain. 

Section 3. Common Carriers, Telegraph and Telephone Lines. 
' Section 4. Construction of Canals to Conform to Fixed 
Standards. 
Section 5. No Discrimination in Services or Charges. 



20 REPORT OF THE COMMISSION ON 

ARTICLE X— PUBLIC UTILITIES— Continued. 

Section 6. Preferences and Rebates Prohibited. 

Section 7. Consolidation Permitted. 

Section 8. Powers of Common Carriers. 

Section 9. Passes Prohibited. 

Section 10. Water Rights. 

Section 11. Enforcement of This Article. 

ARTICLE XI— EDUCATION. 



Section 1. Educational System of the Commonwealth. 

Section 2. State Council of Education. 

Section 3. Support of Educational System. 

Section 4. No Appropriations to Sectarian Institutions. 

Section 5. State School Fund. 

Section 6. Basic Instruction to be in English. 



ARTICLE XII- 



-SOCIAL WELFARE 

Section 1. 

Section 2. 

Section 3= 

Section 4. 



Section 5. 



Charitable Institutions and Agencies. 
Penal and Correctional Institutions. 
Employment and Treatment of Prisoners. 
Supervision of Charitable, Correctional and Penal 

Institutions. 
Health. 



ARTICLE XIII— MUNICIPALITIES. 



Section 
Section 
Section 
Section 
Section 
Section 



Section 7. 
Section 8. 
Section 9. 
Section 10. 
Section 11. 
Section 12. 
Section 13. 
Section 14. 

Section 15. 
Section 16. 

Section 17. 
Section 18. 
Section 19. 
Section 20. 
Section 21. 
Section 22. 
Section 23. 

Section 24. 
Section 25. 
Section 26. 
Section 27. 



Definition. 

Classificatiofi. . 

Proportional Representation. 

New Counties. 

City Charters. 

Cities and Boroughs, Creation and Change of 
Boundaries. 

Apoointive Municipal Officers. 

Accountability cf Municipal Officers. 

County Officers. 

Election of Certain County Officers. 

County Commissioners and County Auditors. 

Philadelphia Prothcnotary. 

Residence of County Officers. 

Certain County Officers to Have Offices in County 
Seat. 

Compensation of County Officers. 

Salaries and Expenses of County Officers in a 
County Co-extensive With a City. 

Municipal Borrowing Capacity. 

Duration and Payment of Debts. 

Debts Other Than for Money Borrowed. 

Municipalities Net to Pledge Credit. 

Special Commissions Prohibited. 

Assessment of Benefits for Public Improvements. 

Extent of Land Permitted to be Taken for Public 
Improvements. 

Zoning of Municipalities. 

Contracts Between Municipalities. 

Street Passenger Railways in Cities or Boroughs. 

One Place of Paying Taxes in Cities and Bor- 
oughs. 



ARTICLE XIV— AMENDMENT AND REVISION. 



Section 
Section 



Amendment. 
Constitutional Conventions. 



CONCLUDING SECTION. 



Art. I, Preamble, Sees. 1, 2, 

PROPOSED CONSTITUTION. 

PREAMBLE. 

We, the people of the Commonwealth of Pennsylvania, grateful to 
Almighty Got! for the blessings of civil and religious liberty, and 
humbly invoking hi_s^ guidance, do ordain and establish this Consti- 
tution. 

ARTICLE I. 
DECLARATION OF RIGHTS. 

That the general, great and essential principals of liberty and free 
government may be recognized and unalterably established, we de- 
clare that- 
Natural Rights of Mankind. 

Section 1. All men are born equally free and independent, and 
have certain inherent and indefeasible rights, among which are those 
of enjoying and defending life and liberty, of acquiring, possessing 
and protecting property and reputation, and of pursuing their own 
happiness. 

>> 

Corresponding provisions in — 

Constitution of 1776, Dec. of Rights, cl. I. 
Constitution of 1790, Art. IX, sec. 1, (Verbatim). 
Constitution of 1838, Art. IX, sec. 1, (Verbatim). 
Constitution of 1874, Art. I, sec. 1, (Verbatim). 

Power of People. 

Section 2. All power is inherent in the people, and all free govern- 
ments are founded on their authority and instituted for their peace, 
safety and happiness. For the advancement of these ends they have 
at all times an inalienable and indefeasible right to alter, reform or 
abolish their government in such manner as they may think proper. 

Corresponding provisions in — 

Constitution of 1776, Dec. of Rights, cl. V. 
Constitution of 1790, Art. IX, sec. 2. 
Constitution of 1838, Art. IX, sec. 2. 
Constitution of 1874, Art. I, sec. 2, (Verbatim). 



(21) 



22 REPORT OF THE COMMISSION ON 

Art. I, Sees. 3, 4, 5, 6, 7 

Rights of Conscience. — Freedom of Religious Worship. 

Section 3. All men have a natural and indefeasible right to wor- 
ship Almighty God according to the dictates of their own consciences ; 
no man can of right be compelled to attend, erect or support- any 
place of worship or to maintain any ministry against his consent; 
no human authority can, in any case whatever, control or interfere 
with the rights of conscience and no preference shall ever be given 
by law to any religious establishments or modes o| worship. 

Corresponding: provisions in — 

Constitution of 1776, Dec. of Rights, cl. II. 
Constitution of 1790, Art. IX, sec. 3, (Verbatim). 
Constitution of 1838, Art. IX, sec. 3, (Verbatim). 
Constitution of 1874, Art. I, sec. 3, (Verbatim). 

No Disqualification for Religious Belief. 

Section 4. No person who acknowledges the being of a God and 
a future state of rewards and punishments shall, on account of his 
religious sentiments, be disqualified to hold any office or place of 
trust or profit under this commonwealth. 

Corresponding provisions in— 

Constitution of 1776, Dec. of Rights, cl. II. 
Constitution of 1790, Art. IX, sec. 4, (Verbatim). 
Constitution of 1838. Art. IX, sec. 4, (Verbatim). 
Constitution of 1874, Art. I, sec. 4, (Verbatim). 



Freedom of Elections. 

Section 5. Elections shall be free and equal; and no power, civil 
or military, shall at any time interfere to prevent the free exercise 
of the right of suffrage. 

Corresponding provisions in — 

Constitution of 1776, Dec. of Rights, cl. VII. 
Constitution of 1790, Art, IX, sec. 5. 
Constitution of 1838, Art. IX, sec. 5. 
Constitution of 1874, Art. I, sec. 5, (Verbatim). 



Trial by Jury. 

Section 6. Trial by jury shall be as heretofore, and the right there- 
of remain inviolate. 

Corrosponding provisions in — 

Constitution of 1776 Dee. of Rights, cl. XI : soc. 25. 
Constitution of 1790, Art. IX, sec. 6. (Verbatim). 
Constitution of 1838. Art. IX, sec. 6. (Verbatim). 
Constitution of 1874, Art. I, sec. 6, (Verbatim). 



Freedom of the Press. — Libel. 

Section 7. The printing press shall be free to every person who 
may undertake to examine the proceedings of the legislature or any 
branch of government, and no law shall ever be made to restrain the 
right thereof. The free communication of thoughts and opinions is 
one of the invaluable rights of man, and every citi&en may freely 



CONSTITUTIONAL AMENDMENT AND REVISION. 23 

Art. I, Sees. 8, 9, 10 

speak, write and print on any subject, being responsible for the 
abuse of that liberty. No conviction shall be had in any prosecution 
for the publication of papers relating to the official conduct of officers 
or men in public capacity, or to any other matter proper for public 
investigation or information, where the fact that such publication 
was not maliciously or negligently made shall be established to the 
satisfaction of the jury; aifd in all indictments for libels the jury 
shall have the right to determine the law and the facts, under the 
direction of the court, as in other cases. 

Corresponding provisions in — 

Constitution of 1776, Dec. of Rights, cl. XII, sec. 35. 
Constitution of 1790, Art. IX. sec. 7. 
Constitution of 1838, Art. IX, sec. 7. 
Constitution of 1874, Art. I, sec. 7, (Verbatim). 



Searches and Seizures. 

Section 8. The people shall be secure in their persons, houses, 
papers and possessions from unreasonable searches and seizures, and 
no warrant to search any place or to seize any person or things shall 
issue without describing them as nearly as may be, nor without 
probable cause, supported by oath or affirmation subscribed to by 
the affiant. 

Corresponding- provisions in — 

Constitution of 1778, Dec. of Rights, cl. X. 
« Constitution of 1790, Art. XI, sec. 8. 

Constitution of 1838. Art. IX, sec. 8. 

Constitution of 1874, Art. I, sec. 8, (Verbatim). 



Rights of Accused in Criminal Prosecutions. 

Section 9. In all criminal prosecutions the accused hath a right 
to be heard by himself and his counsel, to demand the nature and 
cause of the accusation against him, to meet the witnesses face to 
face, to have compulsory process for obtaining witnesses in his favor, 
and, in prosecutions by indictment or information, a speedy public 
trial by an impartial jury of the vicinage; he cannot be compelled 
to give evidence against himself, nor can he be deprived of his life, 
liberty or property, unless by the judgment of his peers or the law of 
the land. 

Corresponding provisions in — 

Constitution of 1776, Dec. of Rights, cl. IX. 
Constitution of 1790. Art. TX. sec. 9. (Verbatim). 
Constitution of 1838, Art. IX, sec. 9. (Verbatim). 
Constitution of 1874, Art. I. sec. 9. (Verbatim). 



Criminal Information.— Twice in Jeopardy.—- Eminent Domain. 

Section 10. No person shall, for any indictable offense, be pro- 
ceeded against criminally by information, except in cases arising in 
the land or naval forces, or in the militia, when in actual service, in 
time of war or public danger, or by leave of the court for oppression 
or misdemeanor in office. No person shall, for the same offense, be 



24 REPORT OF THE COMMISSION ON 

Art. I, Sees. 11, 12, 13, 14 

twice put in jeopardy of life or limb; nor shall private property be 
taken or applied to public use, without authority of law and without 
just compensation being first made or secured. 

Corresponding provisions in — 

Constitution of 1776, Dec. of Rights, cl. VIII. 
Constitution of 1790, Art. IX, sec. 10. 
Constitution of 1S38, Art. IX. sec. 10. 
Constitution of 1874, Art. I, sec. 10, (Verbatim). 

Courts to be Open, — Suits Against Commonwealth. 

Section 11. All courts shall be open ; and every man for an injury 
done him in his lands, goods, person or reputation shall have remedy 
by due coarse of law, and right and justice administered without 
sale, denial or delay. Suits may be brought against the common- 
wealth in such manner, in such courts and in such cases as the 
legislature may by law direct. 

Corresponding provisions in- — 

Constitution of 1790, Art. IX, sec. 11, (Verbatim), 
Constitution of 1838, Art. IX, sec. 11, (Verbatim). 
Constitution of 1874, Art. I, sec. 11, (Verbatim) . 

Power of Suspending Laws. 

Section 12. No power of suspending laws shall be exercised un- 
less by the legislature or by its authority. 

Corresponding provisions in — » 

Constitution of 1790. Art. IX, sec. 12. 
Constitution of 1838, Art. IX, sec. 12. 
Constitution of 1874, Art. I, sec. 12, (Verbatim). 

Bail.— Fines. — Punishments. 

Section 13. Excessive bail shall not be required, nor excessive flues 
imposed, nor cruel punishments inflicted. 

Corresponding provisions in — 

Constitution of 1776, sec. 29. 

Constitution of 1790, Art. IX, sec. 13, (Verbatim). 
Constitution of 1838. Art. IX, sec. 13, (Verbatim). 
Constitution of 1874, Art. I. sec. 13, (Verbatim). 



Prisoners to be Bailable. — Habeas Corpus. 

Section 14. All prisoners shall be bailable by sufficient sureties, 
unless for capital offenses when the proof is evident or presumption 
great; and the privilege of the writ of habeas corpus shall not be 
suspended, unless when in case of rebellion or invasion the public 
safety may require it. 

Corresponding provisions in — 

Constitution of 177H. s c. 28. 

Constitution of 1790. Art. IX, sec. 14. (Verbatim). 
Constitution of 1838, Art. IX, sec. 14, (Verbatim). 
Constitution of 1874, Art. I, sec. 14, (Verbatim). 



CONSTITUTIONAL AMENDMENT AND REVISION. 25 

Art. I, Sees. 15, 16, 17, 18, 19 

Oyer and Terminer. 

Section 15. No commission of oyer and terminer or jail delivery 
shall be issued. 

Corresponding provisions in— 

Constitution of 1790, Art. IX, sec. 15, (Verbatim). 
Constitution of 1838, Art. IX, sec. 15, (Verbatim). 
Constitution of 1874, Art. I, sec. 15, (Verbatim). 



Insolvent Debtors. 

Section 16. The person of a debtor, where there is not strong pre- 
sumption of fraud, shall not be continued in prison after delivering 
up his estate for the benefit of his creditors in such manner as shall 
be prescribed by law. 

Corresponding provisions in — 

Constitution of 1776, sec. 28. 

Constitution of 1790, Art. IX, sec. 16, (Verbatim). 
Constitution of 1838, Art. IX, sec. 16, (Verbatim). 
Constitution of 1874, Art. I, sec. 16, (Verbatim). 



Ex Post Facto Laws. — Impairment of Contracts. 

Section 17. No ex post facto law, nor any law impairing the ob- 
ligation of contracts, or making irrevocable any grant of special 
privileges or immunities, shall be passed. 

Corresponding provisions in — 

Constitution of 1790, Art. IX, sec. 17. 
Constitution of 1838, Art. IX, sec. 17. 
Constitution of 1874; Art. I, sec. 17, (Verbatim). " 



Attainder. 

Section 18. No person shall be attainted of treason or felony by 
the legislature. 

Corresponding provisions in — 

Constitution of 1790, Art. IX, sec. 18, (Verbatim). 
Constitution of 1838, Art. IX, sec. 18, (Verbatim). 
Constitution of 1874, Art. I, sec. 18, (Verbatim). 



Attainder Limited. — Estates of Suicides.— Deodands. 

Section 19. No attainder shall work corruption of blood, nor ex- 
cept during the life of the offender, forfeiture of estate to the com- 
monwealth. The estate of such persons as shall destroy their own 
lives shall descend or vest as in cases of natural death, and if any 
person shall be killed by casualty there shall be no forfeiture by 
reason thereof. 

Corresponding provisions in — 

Constitution of 1790, Art. IX, sec. 19. 
Constitution of 1838, Art. IX, sec. 19. 
Constitution of 1874, Art. I, see. 19, (Verbatim). 



26 REPORT OF THE COMMISSION ON 

Art. I, Sees. 20, 21, 22, 23, 24 

Right of Petition. 

Section 20. The citizens have a right in a peaceable manner to 
assemble together for their common good, and to apply to those in- 
vested with the powers of government for redress of grievances or 
other proper purposes, by petition, address or remonstrance. 

Corresponding provisions in — 

Constitution of 1776, Dec. of Rights, cl. XVI. 
Constitution of 1790, Art. IX, sec. 20. (Verbatim). 
Constitution of 1838, Art. IX, sec. 20, (Verbatim). 
Constitution of 1874, Art. I, sec. 20, (Verbatim). 



Right to Bear Arms. 

Section 21. The right of the citizens to bear arms in defense of 
themselves and the state shall not be questioned. 

Corresponding provisions in — 

Constitution of 1776, Dec. of Rights, cl. XIII. 
Constitution of 1790, Art. IX, sec, 21, (Verbatim). 
Constitution of 1838, Art. IX, see. 21, (Verbatim). 
Constitution of 1874. Art. I, sec, 21, (Verbatim). 



Standing Army. — Military Power Subordinate to Civil. 

Section 22. iNo standing army shall, in time of peace, be kept up 
without the consent of the legislature, and the military shall in all 
cases and at all times be in strict subordination to the civil power. 

Corresponding provisions in — 

Constitution of 1776, Dec. of Rights, cl. XIII. 
Constitution of 1790, Art. IX," sec. 22, (Verbatim). 
Constitution of 1838. Art. iX, sec. 22, (Verbatim). 
Constitution of 1874, Art. I, sec. 22, (Verbatim). 



Quartering of Troops. 

Section 23. Xo soldier shall in time of peace be quartered in any 
house without the consent of the owner, nor in time of war but in a 
manner to be prescribed by law. 

Corresponding provisions in — 

Constitution of 1790, Art. IX, sec. 23, (Verbatim). 
Constitution of 1838, Art. IX, sec. 23, (Verbatim). 
Constitution of 1874, Art. I, sec. 23, (Verbatim). 



Titles.— Officers. 

Section 24. The legislature shall not grant any title of nobility 
or hereditary distinction, nor create any office the appointment to 
which shall be for a longer term than during good behavior. 

Corresponding provisions in — 

Constitution of 1790, Art. IX. sec. 24. 
Constitution of 1838, Art. IX, sec. 24. 
Constitution of 1874, Art. I, sec. 24, (Verbatim). 



CONSTITUTIONAL AMENDMENT AND REVISION. 27 

Art. I, Sees. 25, 26; Art. II, Sees. 1, 2, 3 

Emigration. 
Section 25. Emigration from the state shall not be prohibited. 

Corresponding provisions in — 

Constitution of 1776, Dec. of Rights, cl. XV. 
Constitution of 1790, Art. IX, see. 25, (Verbatim). 
Constitution of 1838, Art. IX, see. 25, (Verbatim). 
Constitution of 1874, Art. 1, sec. 25, (Verbatim). 

Reservation of Powers in People. 

Section 26. To guard against trangressions of the high powers 
which we have delegated, we declare that everything in this article 
is excepted out of the general powers of government and shall for- 
ever remain inviolate. 

Corresponding provisions in — 

Constitution of 1790, Art. IX, see. 26, (Verbatim). 
Constitution of 1838, Art. IX, sec. 26, (Verbatim). 
Constitution of 1874, Art. I, sec. 26, (Verbatim). 



ARTICLE II. 

THE GENERAL ASSEMBLY. 

Legislative Power. 

Section 1. The legislative power of the commonwealth shall be 
vested in a general assembly which shall consist of a senate and a 
house of representatives. 

Corresponding provisions in — - 
Constitution of 1776, sec. 2. 
Constitution of 1790, Art. I, sec. 1. 
Constitution of 1838, Art. I, sec. 1. 
Constitution of 1874, Art. II, sec. 1. 

Legislative Apportionment. 

Section 2. At the first session of the general assembly after this 
constitution becomes effective and at the first session of the general 
assembly after each United States decennial census, the state shall 
be divided by law into senatorial and representative districts. 

Corresponding provisions in — 
Constitution of 1776, sec. 17. 
Constitution of 1790, Art. I, sees. 4, 6, 7. 
Constitution of 1838, Art. I, sees. 4, 6, 7. 
Constitution of 1874, Art. II, sec. 18. 

Senatorial Districts. 

Section 3. The state shall be divided into fifty senatorial districts 
of compact and contiguous territory as nearly equal in population 
as may be, and each district shall be entitled to elect one senator. 



28 REPORT OF THE COMMISSION ON 

Art. II, Sees. 4, 5 

The senatorial ratio shall be obtained by dividing the whole popula- 
tion of the state, as ascertained by the most recent United States 
decennial census, by the number fifty. A county containing one or 
more ratios of population shall be entitled to one senator for each 
ratio, and to an additional senator for an excess of population ex- 
ceeding three-fifths of a ratio. Xo county shall form a separate dis- 
trict unless it shall contain four-fifths of a ratio, except where the 
adjoining counties are each entitled to one or more senators, when 
such county may be assigned a senator on less than four-fifths and 
exceeding one-half of a ratio. No county shall be divided unless en- 
titled to two or more senators. No city or county shall be entitled 
to separate representation exceeding one-sixth of the whole number 
of senators. No ward, borough or township shall be divided in the 
formation of a district. 

Corresponding provisions in — 

Constitution of 1790, Art. I, sees. 6, 7. 
Constitution of 1838, Art. I, sees. 6, 7. 
Constitution of 1874, Art. II, sec. 16. 



Representative Districts. 

Section 4. The members of the house of representatives shall be 
apportioned among the several counties, on a ratio obtained by divid- 
ing the population of the state as ascertained by the most recent 
United States decennial census by the number two hundred. A 
county containing less than five ratios shall have one representative 
for each full ration, and an additional representative when the excess 
exceeds half a ratio ; but each county shall have at least one represen- 
tative. A county containing five ratios or more shall have one rep- 
resentative for each full ratio. A city containing a population equal 
to a ratio shall elect separately its proportion of the representatives 
allotted to the county in which it is located. A city entitled to more 
than four representatives and a county having over one hundred 
thousand inhabitants shall be divided into districts of compact and 
contiguous territory. A district shall elect its proportion of rep- 
resentatives according to its population, but no district shall elect 
more than four representatives. 

Corresponding provisions in — 

Constitution of 1776, sec. 17. 
Constitution of 1790, Art. I, sec. -4. 
Constitution of 1838, Art. I, sec. 4. 
Constitution of 1874, Art. II, sec. 17.. 



Qualification of Members. 

Section 5. A senator shall be a least twenty-five years of age and 
a representative shall be at least twenty-one years of age. Each shall 
have been a citizen of the commonwealth and a resident of the state 
for four years and a resident of his district for one year next before 
his election, unless absent on the public business of the United States, 



CONSTITUTIONAL AMENDMENT AND REVISION. 29 

Art. II, Sees. 6, 7, 8, 9 

of the state government or of a municipality of the commonwealth. 
He shall reside in his district during his term of service. 

Corresponding provisions in — 

Constitution of 1776, sees. 7, 8. 
Constitution of 1790, Art.- 1, sees. 3, 8. 
Constitution of 1838, Art. I, sees. 3, 8. 
Constitution of 1874, Art. II, sec. 5. 



Election and Terms of Members. 

Section 6. Members of the general assembly shall be chosen at 
the general election. Their terms of service shall begin on the first 
day of December after their election. Senators shall serve for four 
years and representatives for two years. When a vacancy shall occur- 
in either house, the presiding officer thereof shall issue a writ of 
election to fill such- vacancy for the remainder of the term. 

Corresponding provisions in — 
Constitution of 1776, sec. 9. 
. Constitution of 1790, Art. I, sees. 2, 5, 19. 
Constitution of 1838, Art. I, sees. 2, 5, 20. 
Constitution of 1874, Art. II, sees. 2, 3. 



Compensation of Members. 

Section 7. The members of the general assembly shall receive 
salary and mileage for regular and special sessions as prescribed by 
law and no other compensation, whether for services upon committee 
or otherwise. No member of the general assembly shall, during the 
term for which he has been elected, receive an increase of salary or 
mileage allowance under a law enacted during such term. 

Corresponding provisions in — 

Constitution of 1790, Art. I, sec. 17. 
Constitution of 1838,Art . I, sec. 18. 
Constitution of 1874, Art. II, sec. 8. 



Privileges of Members. 

Section 8. A member of the general assembly shall be privileged 
from arrest during attendance at the sessions thereof and in going 
to and returning from the same, except in cases of treason, felony, 
violation of his oath of office and breach or surety of the peace. For 
a speech or debate in the general assembly he shall not be questioned 
in any other place. 

Corresponding provisions in — 

Constitution of 1790, Art. I, sec. 17. 
Constitution of 1838, Art. I, sec. 18. 
Constitution of 1874, Art. II, sec. 15. 



Times of Sessions. 

Section 9. The general assembly shall meet at twelve o'clock noon, 
on the first Tuesday of January in each odd-numbered year and at 



30 REPORT OF THE COMMISSION ON 

Art. II, Sees. 10, 11, 12, 13 

other times when convened by the governor. It shall hold no ad- 
journed annual session. 

Corresponding provisions in — 
Constitution of 1776, sec. 9. 
Constitution of 1790, Art. I, sec. 10. 
Constitution of 1838, Art. I, sec. 10. 
Constitution of 1874, Art. II, sec. 4. 

Quorums. 

Section 10. In each house a majority of the members shall con- 
stitute a quorum. A smaller number may adjourn from day to day 
and compel the attendance of absent members. 

Corresponding provisions in — 

Constitution of 1776, sec. 10. 

Constitution of 1790. Art. I, sec. 12. * 

Constitution of 1838. Art. I. sec. 12. 

Constitution of 1874, Art. II, sec. 10. 

Powers of Each House. 

Section 11. Each house shall have power to make its rules of pro- 
cedure, to judge of the election and qualifications of its members, 
to punish for contempt or disorderly behavior in its presence, to 
enforce obedience to its* processes, to protect its members against 
violence, offers of bribes or private solicitation, and by a vote of two- 
thirds of the members, to expel a member, but not a second time 
for the same cause, and shall have all other powers necessary for the 
legislature of a free commonwealth. A member expelled for cor- 
ruption shall not thereafter be eligible to either house. Punishment 
for contempt or disorderly behavior shall not bar an indictment for 
the same offense. 

Corresponding provisions in — 
Constitution of 1776, sec. 9. 
Constitution of 1790, Art. I. sees. 12. 13. 
Constitution of 1838, Art. I. sees. 12, 13. 
Constitution of 1874, Art. II, sees. 9, 11. 

Choice of Officers. 

Section 12. The senate shall, at the beginning and close of each 
regular session and at other necessary times, elect one of its members 
as president pro tempore. The house of representatives shall elect 
one of its members as speaker. Each house shall choose its other 
officers. ' • 

Corresponding provisions in — 
Constitution of 1776, sec. 9. 
Constitution of 1790, Art. I, sec. 11. 
Constitution of 1838, Art. I, sec. 11. 
Constitution of 1874, Art. II, sec. 9. 

Officers and Employes. 

Section 13. The officers and employes of each house shall have 
active duties and shall be selected and compensated in pursuance of 
laws prescribing their number, duties and compensation. 

Corresponding provisions in — "■ 

Constitution of 1874, Art. Ill, sec. 10. 



CONSTITUTIONAL AMENDMENT AND REVISION. 31 

Art. II, Sees. 14, 15, 16; Art. Ill, Sees. 1, 2 

Journals. 

Section 14. Each house shall keep a journal of its proceedings, 
and shall publish so much thereof as shall not require secrecy. At 
the request of two members, the yeas and nays on a question shall be 
entered on the journal. 

Corresponding provisions in — 
Constitution of 1776, sec. 14. 
Constitution of 1790, Art. I, sec. 14. 
Constitution of 1838, Art. I, sec. 15. 
Constitution of 1874, Art. II, sec. 12. 

Sesions to be Open. 

Section 15. The sessions of each house and of committees of the 
whole shall be open unless the business ought to be kept secret. 

Corresponding provisions in — 
Constitution of 1776, sec. 13. 
Constitution of 1700, Art. I. sec. 15. 
Constitution of 1838, Art. I, sec. 16, 
Constitution of 1874, Art. II, sec. 13. 

Adjournments. 

Section 16. Neither house shall, without the consent of the other, 
adjourn for more than three days, or to a place other than that in 
which the two houses shall be sitting. 

Corresponding provisions in — 

Constitution of 1790. Art. I. sec. 16, (Verbatim). 
Constitution of 1838, Art. I. sec. 17. (Verbatim). 
Constitution of 1874, Art. IT, sec. 14. 



ARTICLE III. 
LEGISLATION. 



Method of Enacting Laws. 
Section 1. Laws shall be enacted by bill only. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sec. 1. 



Bills for Raising Revenue. 

Section 2. Bills for raising revenue shall originate in the house 
of representatives. The senate may propose amendments. 

Corresponding provisions in — 

Constitution of 1790, Art. I, sec. 20. 
Constitution of 1838, Art. I, sec. 21. 
Constitution of 1874, Art. Ill, sec. 14. 



32 REPORT OF THT-: COMMISSION ON 

Art. Ill, Sees. 3, 4, 5, 6, 7 

Printing and Reference of Bills. 

Section 3. Before consideration, a bill shall be referred to a 
committee, returned therefrom, and "printed for the use of the mem- 
bers. 

Corresponding- provisions in — 

Constitution of 1874, Art. Ill, sec. 2. 

Member Interested in Bill Not to Vote. 

Section 4. A member of the general assembly who has a private 
interest in a measure or bill shall disclose the fact to the house of 
which he is a member, and shall not vote thereon. 

Corresponding provisions in — 

Constitution of 1874, Art. III. sec. 33. 



Amendments and Conference Committees. 

Section 5. An amendment to a bill shall be printed for the use 
of the members before the final vote is taken on the bill. An amend- 
ment by one house shall be concurred in by the other and a report 
of a committee of conference shall be adopted by either house only 
by the vote of a majority of the members taken by yeas and nays. 
The names of the members voting for and of those voting against 
such amendment or report shall be entered on the journal. A bill 
shall not be so altered or amended on its passage through either house 
as to change its original purpose. 

Corresponding provisions in — 
Constitution of 1776, sec. 15. 
Constitution of 1874, Art. III. sees. 1, 4, 5. 



Notice of Local or Special Bills. 

Section 6. At least thirty days before the introduction of a local 
or special bill, notice of the intention to introduce the same shall be 
published in the locality where the matter or thing to be effected shall 
be situated. No such bill shall be finally acted on by either house 
until the evidence of such notice having been published has been 
exhibited therein. Notice shall not be required of the intention to 
introduce a general bill for the repeal of a local or special law. 

Cm-responding provisions in — 

Constitution of 1874, Art. Ill, sec. 8. 

Final Passage of Bills. 

Section 7. Before a bill shall be passed, it shall be read at length 
on three different days in each house; on its final passage the vote 
shall be taken by yeas and nays, the names of the members voting 
for and of those voting against shall be entered on the journals, and a 
majority of the members elected to each house shall be recorded 
thereon as voting in its favor. 

Corresponding provisions in — 
Constitution of 1776, sec. 15. 
Constitution of 1874, Art. Ill, sec. 4, 



CONSTITUTIONAL AMENDMENT AND REVISION. 33 

Art. Ill, Sees. 8, 9, 10, 11, 12 

Signing of Bills by Presiding Officers. 

Section 8. The presiding officer of each house shall, in the pre- 
sence of the house over which he presides, sign bills and joint reso- 
lutions passed by te general assembly, after their titles have been 
publicly ^ read immediately before signing. The fact of signing shall 
be entered on the journal. 

Corresponding provisions in — 

Constitution of 1874, Article III, see. 9. 

One Subject in Each Law. 

Section 9. A law shall contain only one subject. A general appro- 
priation law, a codification, and a compilation or general revision 
of statutory law shall be deemed to contain only one subject. 

Corresponding provisions in — 

Constitution of 1838, Art. XI, sec. 8, (Amended 1864). 
Constitution of 1874, Art. Ill, see. 3. 

Titles of Laws. 

Section 10. The subject of a law shall be clearly expressed in its 
title. A law may in the body thereof set forth a short title by 
which it may be cited. A law amending, reviving or extending a 
law shall set forth in its title the title or the short title of the law 
affected. 

Corresponding provisions in — 

Constitution of 1838, Art. XI, sec. 8, (Amended 1864) . 
Constitution of 1874, Art. Ill, sec. 3. 

Form of Amending, Reviving or Extending Laws. 

Section 11. A law amending, reviving or extending a law or con- 
ferring the provisions thereof shall set forth in full the part of the 
law affected, and an amending law shall also set forth in full the part 
of the law affected as amended. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sec. 6. 

Budget and Appropriation Bills. 

Section 12. The governor shall submit to the general assembly a 
budget on or before March 1 of each year in which it shall be in 
regular session. The budget shall contain a complete plan of pro- 
posed appropriations and complete estimates of the revenues and 
funds available for appropriation for the two ensuing fiscal years, 
including appropriations for charitable, educational and benevolent 
purposes. In submitting proposals for appropriations to charitable, 
educational or benevolent institutions not under the absolute control 
of the state government, the governor shall at the same time submit 
a plan of distribution among the classes of institutions to be benefited. 



34 REPORT OF THE COMMISSION ON 

Art. Ill, Sec. 13 

When the governor presents the budget to the house of represen- 
tatives, he shall submit a general appropriation bill containing the 
proposed appropriations for the fiscal years covered by the budget 
and may also submit any bill embodying recommendations as to 
sources of revenue. 

The presiding officer of the house of representatives shall imme- 
diately cause such bills to be introduced. 

The general assembly may increase, decrease, strike out or other- 
wise alter any item in the general appropriation bill, or may add 
new items thereto. 

Until the general appropriation law has been enacted neither 
house shall consider an appropriation bill other than the general 
appropriation bill unless the appropriation shall be solely for the 
immediate needs of the general assembly or unless the governor shall 
request the general assembly to act upon the bill in advance of the 
general appropriation bill. 

After the general appropriation law has been enacted, no appro- 
priation shall be made for any purpose, object or item included 
therein or in the general appropriation bill as submitted by the gov- 
ernor, unless the governor shall request the general assembly to pass 
a bill making such appropriation. 

The general assembly shall not finally adjourn for ten days after 
the general appropriation bill has been presented to the governor. 

Corresponding provisions in — 

Constitution of 1S74, Art. Ill, sec. 15. 



Appropriations to Charitable and Educational Institutions. 

Section 13. An appropriation for charitable, educational or bene- 
volent purposes may be made to a class of corporations, associations 
or institutions not under the absolute control of the state govern- 
ment, engaged in work or service for the public good, as such classes 
may be defined by law. Such work or service shall conform to stand- 
ards of excellence prescribed by law or by any agency created by 
law. 

An appropriation to such a class shall be divided among its mem- 
bers in accordance with a plan uniform in its application to them as 
prescribed by law. No law shall designate such a corporation, asso- 
ciation or institution as the beneficiary of an appropriation. 

Each, item containing such an appropriation shall be voted on 
separately in each house before final action is taken upon the bill of 
which it is a part and shall be stricken from the bill unless it shall 
receive the support of two-thirds of the members elected. The votes 
of each house shall be taken by yeas and nays and the names of the 
members voting for and of those voting against the item shall be 
entered on the journal. 

Corporations, associations and institutions receiving such appro- 
priations shall account therefor to the general assembly or to an 
agency prescribed by law and shall be subject to inspection by the 
state government. 



CONSTITUTIONAL AMENDMENT AND REVISION. 35 

Art. Ill, Sees. 14, 15, 16, 17 

After the establishment of one or more state universities, no appro- 
priation for an educational purpose shall be made by the state govern- 
ment to a corporation, association or institution, or to a class of 
corporations, associations or institutions, not under the absolute con- 
trol of the state government or of a municipality. 

Corresponding provisions in — 

Constitution of 1874, Art. III. sec. 17. 

Appropriations to Denominational Institutions. 

Section 14. No appropriations shall be made for charitable, edu- 
cational or benevolent purposes to any denominational or sectarian 
institution, corporation or association. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sec. 18. 

Certain Appropriations Permitted. 

Section 15. Appropriations may be made for the payment of 
pensions and gratuities for military services; for the payment of 
pensions for the retirement of classes of officers and employes of the 
state government and school districts; for the relief of persons or 
municipalities injured or damaged by surface subsidence resulting 
from past or future mining of anthracite coal; for relief consequent 
upon grave public disasters or calamities; for the payment to funds 
under public control for the benefit of classes of persons who are to 
be the recipients of public assistance; and for the payment of the 
debts of municipalities contracted to enable the commonwealth to 
repel invasion, suppress domestic insurrection or defend itself in time 
of war. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sec. 18. 

Gratuities and Extra Compensation Forbidden. 

Section 16. Except as in this constitution expressly provided, no 
appropriation shall be made by the state government for charitable, 
benevolent or educational purposes to any person or community, and 
no law shall authorize a gratuity by the state government, give extra 
compensation after services have been rendered or contract made, or 
appropriate money to pay a claim against the commonwealth with- 
out previous authority of law. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sees. 11, 18. 



Approval and Veto by Governor. 

Section 17. Every order, resolution or vote to which the concur- 
rence of both houses shall be necessary, except on the question of 
adjournment or of agreement to an amendment to this constitution 



36 REPORT OF THE COMMISSION ON 

Art. Ill, Sees. 18, 19, 20 

shall if passed by the general assembly be presented to the governor. 
If he approves it, he shall sign it and it shall then become a law. 
If he shall not approve it, he shall return it with his objections to 
the house in which it originated, which house shall enter the ob- 
jections at large upon its journal. If, after reconsideration two- 
thirds of the members elected to that house shall agree to pass the 
bill, it shall be sent with the governor's objections to the other house 
and if approved by two-thirds of the members elected to that house 
shall become law. The votes of each house shall be taken by yeas 
and nays and the names of the members voting for and of those 
voting against the bill shall be entered on the journal. 

If a bill shall not be returned by the governor within ten days 
after it has been presented to him, it shall become law unless the 
general assembly by its adjournment prevents its return. In case 
of such adjournment the bill shall become law unless within thirty 
days after adjournment the governor shall file it with his objections 
in the office of the secretary of the commonwealth and shall give 
notice thereof by public proclamation. 

Corresponding provisions in — 

Constitution of 1790, Art. I, sees. 22, 23. 

Constitution of 1838, Art. I, sees. 23, 24. 

Constitution of 1874. Art. Ill, sec. 26; Art. IV, sec. 15. 



Approval and Veto of Appropriation Bills. 

Section 18. The governor may indicate his approval or disap- 
proval of an appropriation bill by signing or vetoing it as in the 
case of other bills. If he shall approve one or more items and shall 
disapprove or reduce one or more other items, he shall return the 
bill to the house in which it originated setting forth his reasons. 
The items which he approves shall become law. The items which he 
disapproves or reduces may be passed over his objections by separate 
action on each item in the manner prescribed for the passage of bills 
over his veto. Such items not passed over his objections shall, in 
accordance with his recommendation, be stricken from the bill or 
shall become law as reduced by him. 

Corresponding provisions in — 

Constitution of 1874, Art. IV, sec. 16. 



When Laws Shall Take Effect. 

Section 19. A law shall become effective on the first day of Jan- 
uary after its enactment unless otherwise provided therein. 



Local and Special Laws Forbidden. 
Section 20. No local or special law shall be enacted: 

(a) Regulating the affairs of a municipality; 

(b) Changing the names of persons or places; 



CONSTITUTIONAL AMENDMENT AND REVISION. 37 

Art. Ill, Sec. 21 

(c) For the creation or regulation of highways, ferries or bridges, 
except bridges across streams which form state boundaries; 

(d) Regulating burial grounds or public grounds not belonging to 
the commonwealth ; 

(e) Granting divorces or authorizing the adoption or legitimation 
of children ; 

(f) Regulating elections, except that laws regulating the regis- 
tration of electors may be applied to cities or boroughs of a specified 
class only; 

(g) Regulating the organization, jurisdiction and powers of courts 
of the same class or grade, judicial process, or the administration 
of justice ; 

(h) Regulating liens, the collection of debts or the effect of judi- 
cial sales of real estate; 

(i) Regulating schools; 

(j) Fixing the rate of interest; 

(k) Regulating the estates of decedents, minors or persons under 
disability ; 

(1) Regulating labor, trade, mining or manufacturing; 

(m) Creating corporations, or amending, renewing or extending 
their charters; 

(n) Exempting property from taxation; 

(o) Granting a benefit, privilege or power. 

No local or special law shall be indirectly enacted by the partial 
repeal of a general law. Laws repealing local or special laws may 
be enacted. 

Corresponding provisions in — 

Constitution of 1838, Art. I, sec. 14 ; Art. XI, sec. 9, (Amended 1864) . 
Constitution of 1874, Art. Ill, sec. 7 ; Art. V, sec. 26 ; Art. VIII, sec. 7. 



Damages for Injuries. 

Section 21. Laws may be enacted requiring the payment by em- 
ployers, or by employers and employes jointly, of reasonable com- 
pensation for injuries to employes arising in the course of their em- 
ployment and for occupational diseases of employes, whether or not 
such injuries or diseases result in death and regardless of fault of 
employer or employe, fixing the basis of ascertainment of such com- 
pensation and its maximum and minimum limits, and providing 
special or general remedies for the collection thereof. In no other 
case shall a limit be set by law upon the amount to be recovered for 
injuries to persons or property. In case of death from injuries, the 
right of action therefor shall survive and shall be exercised by per- 
sons designated by law. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sec. 21, (Amended 1915). 



38 REPORT OF THE COMMISSION ON 

Art. Ill, Sees. 22, 23, 24, 25, 26 

Land Titles. 

Section 22. Laws may be enacted providing that the state govern- 
ment or the comities may register, transfer, insure or guarantee 
titles to lands, and providing for the determination of interests in 
such lands and for the creation of indemnity funds. For such pur- 
poses courts may be established and judicial powers may be con- 
ferred upon officers of the state government or of the counties sub- 
ject to the right of appeal by the parties interested to the courts. 

Corresponding provisions in — 

Constitution of 1874, (Amendment of 1915, without article or section number) . 

Militia. 

Section 23. Laws shall be enacted to provide for the arming, or- 
ganization, maintenance, and discipline of the citizens of the com- 
monwealth for its defense. Persons having conscientious scruples 
against bearing arms may be exempted by law from military service. 

Corresponding provisions in — 
Constitution of 1776, sec. 5. 
Constitution of 1790, Art. VI. sec. 2. 
Constitution of 1838. Art. VI, sec. 2. 
Constitution of 1874, Art. XI, sec. 1. 

Streams. 

Section 24. General laws shall be enacted to provide for maintain- 
ing the purity of streams. 

Legislation at Special Sessions. 

Section 25. At a special session, there shall be no legislation upon 
subjects other than those designated in the proclamation of the gov- 
ernor calling such session. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sec. 25. 

Change of Capital. 

Section 26. No law changing the location of the capital shall be 
valid unless ratified by a majority of the electors of the common- 
wealth voting on the question. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sec. 28. 



CONSTITUTIONAL AMENDMENT AND REVISION. 39 



Art. IV, Sees. 1, 2, 3, 4 

ARTICLE IV. 

THE EXECUTIVE. 

Executive Power. 

Section 1. The executive power of the commonwealth shall be 
vested in a governor, a lieutenant-governor, a secretary of the com- 
monwealth, an attorney general, an auditor general, a state treas- 
urer, a secretary of internal affairs, a commissioner of education, 
and in other executive officers as prescribed by law. 

Corresponding provisions in — 

Constitution of 1874, Art. IV, sec. 1. 



Qualifications of Governor. 

Section 2. The governor shall be a citizen of the United States at 
least thirty years of age. He shall have been a resident of the state 
for seven years next preceding his election unless absent on the 
public business of the United States or of the state government. 

Corresponding provisions in-^ 

Constitution of 1790, Art. II, sec. 4. 

Constitution of 1838, Art. II, sec. 4. 

Constitution of 1874, Art. IV, sec. 5. 



Election of Governor. 

Section 3. The governor shall be chosen by the electors of the 
commonwealth at the places where they shall vote for representatives. 
The returns of the election shall be sealed up and transmitted to the 
seat of government, directed to the president of the senate, who shall 
open and publish them in the presence of the members of both houses 
of the general assembly. The person having the highest number of 
votes shall be governor. If two or more shall have the same and 
the highest number of votes, one of them shall be chosen governor 
by the joint vote of the members of both houses. 

Corresponding provisions in — 

Constitution of 1776, sec. 3. 
Constitution of 1790, Art. II, sec. 2. 
Constitution of 1838, Art. II, sec. 2. 
Constitution of 1874, Art. IV, sec. 2. 



Contested Election of Governor. 

Section 4. A contested election of a governor shall be determined 
by a committee selected from both houses of the general assembly 
and formed and regulated as prescribed by law. 

The chief justice of the supreme court shall preside at the trial 
of such a contested election. He shall determine question regarding 



40 REPORT OF THE COMMISSION ON 

Art. IV, Sees. 5, 6, 7, 8 

the admissibility of evidence and shall, upon request of the com- 
mittee, pronounce his opinion upon other questions of law. 

Corresponding provisions in — 

Constitution of 1790, Art. II, sec. 2. 
Constitution of 1838, Art. II, sec. 2. 
Constitution of 1874, Art. IV, sec. 2. 

Term of Governor. 

Section 5. The governor shall hold office for four years from the 
third Tuesday of January succeeding his election or until his suc- 
cessor shall qualify. A person elected governor shall not be eligible 
for the succeeding term. 

Corresponding provisions in — 

Constitution of 1790, Art. II, sec. 3. 

Constitution of 1838, Art. II, sec. 3. 

Constitution of 1874, Art. IV, sees. 3, 17. 

Supreme Executive Power. 

Section 6. The supreme executive power shall be vested in the 
governor, who shall take care that the laws be faithfully executed. 

Corresponding provisions in — 

Constitution of 1776, sec. 3. 
Constitution of 1790, Art. II, sec. 1. 
Constitution of 1838, Art. II, sec. 1. 
Constitution of 1874, Art. IV, sec. 2. 

Military Power 

Section 7. The governor shall be the commander-in-chief of the 
army and navy of the commonwealth, and of the militia, except when 
they shall be called into the service of the United States. 

Corresponding provisions in — 

Constitution of 1776, sec. 20. 
Constitution of 1790, Art. II, sec. 7. 
Constitution of 1838, Art. II, sec. 7. 
Constitution of 1874, Art. IV, sec. 7. 

Appointing Power. 

Section 8. The governor shall appoint a secretary of the common- 
wealth, an attorney general, a secretary of internal affairs and a com- 
missioner of education, to serve during his pleasure, and other of- 
ficers as prescribed by law. 

When the senate is in regular session, the governor shall exercise 
the power to appoint an officer only after nomination to the senate 
and by and with the advice and consent of a majority of its members, 
except where he shall appoint a fill a vacancy occurring within ten 
days before final adjournment of the session. 

The governor may fill by appointment a vacancy in an office to 
which he may appoint. If he shall appoint to an appointive office 
during a recess of the senate or to fill a vacancy occurring within 
ten days before final adjournment of a regular session thereof, such 
appointment shall be valid until the end of the next regular session 



CONSTITUTIONAL AMENDMENT AND REVISION. 41 

Art. IV, Sec. 9 

of the senate, and the person so appointed shall be deemed to have 
been, rejected by the senate at such session unless nominated by the 
governor and confirmed by the senate. 

The governor may fill by appointment a vacancy in the office of 
auditor general or of state treasurer and in any other elective office 
which he may be authorized to fill. Such vacancy shall be filled by 
election on the next election day appropriate to the office which shall 
fall not less than sixty days after the occurrence of the vacancy. 
Such appointee shall serve until the person so elected shall take office 
as prescribed hj law. 

If a power of appointment to an appointive or elective office shall 
arise during a session of the senate and not within ten days before 
final adjournment, the governor shall, at such session, nominate a 
proper person for the office. If a power of appointment to an ap- 
pointive office shall arise within ten days before final adjournment 
of a session of the senate or during a recess of the senate, he shall, 
at the next session of the senate nominate a proper person for the 
office. In either case, if the senate shall reject a nomination and 
shall notify the governor that it will not adjourn within ten days, 
he shall nominate another person for the office. If he shall fail to 
nominate as herein required, he may not appoint to the office except 
after nomination to the senate and by and with the advice and con- 
sent of a majority of its members. 

If the nomination of a person to an office shall be rejected by the 
senate he shall not be appointed to such office before the next ses- 
sion of the senate. 

In acting on executive nominations, the senate shall sit with open 
doors. The vote shall be taken by yeas and nays and shall be entered 
on the journal. 

Corresponding provisions in — 

Constitution of 1776, sec. 20. 

Constitution of 1790, Art. II, sec. 15. 

Constitution of 1838, Art. II, sec. 8. 

Constitution of 1874, Art. IV, sec. 7 (amended 1909); Art. V, sec. 25. ' 

Pardoning Power. 

Section 9. The governor may remit fines and forfeitures, and may 
grant reprieves, commutations of sentence and pardons, except in 
cases of impeachment. He shall commute a sentence or grant a 
pardon only on the recommendation in writing of the lieutenant- 
governor, the secretary of the commonwealth, the attorney general 
and the secretary of internal affairs, or of any three of them, after 
full hearing, upon due public notice and in open session. Such 
recommendation, with the reasons therefor at length, shall be re- 
corded and filed in the office of the secretary of the commonwealth. 

Corresponding provisions in — 

Constitution of 1776, sec. 20. 
Constitution of 1790, Art. II, sec. 9. 
Constitution of 1838, Art. II, sec. 9. 
Constitution of 1874, Art. IV, sec. 9. 



42 REPORT OF THE COMMISSION ON 

Art. IV, Sees. 10, 11, 12, 13, 14 

Power to Require Information. 

Section 10. The governor may require information in writing 
from the executive officers of the state government with respect to 
their duties. 

Corresponding provisions in — 

Constitution of 1790, Art. II, sec. 10. 

Constitution of 1838, Art. II, sec. 10. 

Constitution of 1874, Art. IV, sec. 10. 

Duty to Inform General Assembly. 

Section 11. The governor shall, from time to time, give to the 
general assembly information of the state of the commonwealth, and 
shall recomend to its consideration such measures as he may judge 
expedient. 

Corresponding provisions in — 

Constitution of 1790, Art. II, sec. 11. 
Constitution of 1838. Art. II, sec. 11. 
Constitution of 1874, Art. IV, sec. 11. 

Power to Adjourn or Convene General Assembly. 

Section 12. The governor, in case of disagreement between the 
two houses of the general assembly with respect to the time of ad- 
journment, may adjourn them to such time as he may think proper 
not exceeding fourth months. He may on extraordinary occasions 
convene by proclamation the general assembly and he may convene 
by proclamation the senate for the transaction of executive business. 

Corresponding provisions in — - 

Constitution of 1776, sec. 20. 
Constitution of 1790, Art. II, sec. 12. 
Constitution of 1838, Art. II, sec. 12. 
Constitution of 1874, Art. IV, sec. 12. 

Lieutenant-Governor. 

Section 13. The lieutenant-governor shall have the same qualifica- 
tions and shall be chosen at the same time, in the same manner, and 
for the same term as the governor. He shall not be eligible to the 
office of lieutenant-governor for the succeeding term. A contested 
election of lieutenant-governor shall be conducted in the same 
manner as a contested election of governor. The lieutenant-governor 
shall be president of the senate, but shall have no vote unless the 
senate be equally divided. 

Corresponding provisions in — 

Constitution of 1874, Art. IV, sees. 2, 17. 

Succession to Governorship. 

Section 14. If the office of governor shall be vacant the lieutenant- 
governor shall become governor. If the governor shall fail to qualify 
or shall be under a disability, the powers, duties and emoluments of 
his office until the end of the governor's term or until he shall qualify 



CONSTITUTIONAL AMENDMENT AND REVISION. 43 

Art. IV, Sees. 15, 16, 17, 18 

or his disability shall be removed shall devolve on the lieutenant- 
governor, or, if his office shall be vacant or he shall be under a dis- 
ability, then on the president pro tempore of the senate, or if his 
office shall be vacant or he shall be under a disability, then on a per- 
son elected by a majority of the members of the general assembly. 
For the purpose of such election, the general assembly may convene 
in special session without a proclamation of the governor upon a call 
signed by five members of each house. 

Corresponding provisions in — - 

Constitution of 1790, Art. II, sec. 14. 
Constitution of 1838, Art. II, sec. 14. 
Constitution of 1874, Art. IV, sec. 13. 

Succession to Lieutenant-Governorship. 

Section 15. If the office of lieutenant-governor shall be vacant or 
if he shall fail to qualify or shall be absent or under a disability, the 
powers, duties and emoluments of his office, until the end of his term 
-or until he shall qualify or return or his disability shall be removed, 
shall devolve on^ the president pro tempore of the senate. In such 
event the seat in the senate of the president pro tempore of the 
senate shall become vacant. 

Corresponding provisions in — 

Constitution of 1874, Art. IV, sec. 14. 

Determination of Disability. 

Section 16. The fact of disability of the governor or of the lieu- 
tenant-governor or of a person upon whom the powers and duties of 
either office would otherwise devolve shall be determined only by the 
supreme court on the address of the general assembly, agreed to by 
a majority of the members of each house, or, if the general assembly 
be not in session, on the written address of such majority. 

Secretary of the Commonwealth. 

Section 17. The secretary of the commonwealth shall keep a 
record of the official acts and proceedings of the governor, and per- 
form other duties as prescribed by law. He may be required by 
either house of the general assembly to exhibit his record with the 
papers, minutes and vouchers relating thereto. 

Corresponding provisions in — 

Constitution of 1790, Art. II. sec. 15 
Constitution of 1838, Art. II, sec. 15. 
Constitution of 1874, Art. IV, sec. 18. 

Secretary of Internal Affairs. 

Section 18. Until otherwise prescribed by law, the secretary of 
internal affairs shall exercise the powers and perform the duties pre- 
scribed by law when this constitution becomes effective. His depart- 
ment shall embrace a bureau of industrial statistics. 

Corresponding provisions in — 

Constitution of 1874, Art. IV, sec. 19. 



44 REPORT OF THE COMMISSION ON 

Art. IV, Sees. 19, 20, 21, 22 

Auditor General and State Treasurer. 

Section 19. The auditor general and the state treasurer shall be 
chosen by the electors of the commonwealth. Each shall hold his 
office for four years and neither shall be eligible for the succeeding 
term. 

Corresponding provisions in — 

Constitution of 1776, sec. 9. 

Constitution of 1790, Art. VI, sec. 5. 

Constitution of 1838, .Art. VI, sec. 6. 

Constitution of 1874. Art. IV, sec. 21 (amended 1909). 

State Contracts. 

Section 20. No member of the general assembly or officer or em- 
ploye of the state government shall be interested in a contract with 
the state government, or in furnishing thereto materials or supplies. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sec. 12. 

Public Printing and Supplies. 

Section 21. The printing and binding for the state government 
shall be done under contract or by the state government. Furnish- 
ings and fuel for the capitol buildings and paper and stationery for 
the state government shall be made or produced by the state govern- 
ment or procured under contract. Contracts for work or material 
designated in this section shall be awarded to the lowest responsible 
bidder, subject to the approval of the auditor general and of the 
state treasurer. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sec. 12. 

Seal and Commissions. 

Section 22. The present great seal of Pennsylvania shall be the 
seal of the commonwealth. Commissions shall be in the name and 
by the authority of the Commonwealth of Pennsylvania. They shall 
be sealed with the seal of the commonwealth and signed by the gov- 
ernor. 

Corresponding provisions in — 

Constitution of 1776, sec. 21. 
Constitution of 1790, Art. VI, sec. 4. 
Constitution of 1838, Art. VI, sec. 5. 
Constitution of 1874, Art. IV, sec. 22. 



CONSTITUTIONAL AMENDMENT AND REVISION. 45 



Art. V, Sees. 1, 2, 3, 4 

ARTICLE V. 

THE JUDICIARY. 

Judicial Power. 

Section 1. The judicial power of the commonwealth shall be vested 
in a supreme court, a superior court, courts of common pleas, courts 
of oyer and terminer and general jail delivery, courts of quarter 
sessions of the peace, orphans' courts, justices of the peace, and in 
such other courts as may from time to time be established by law. 

Corresponding provisions in — 

Constitution of 1776, sec. 26. 
Constitution of 1790, Art. V, sec. 1. 
Constitution of 1838, Art. V, sec. 1. 
Constitution of 1874, Art. V, sec. 1. 

Supreme Court. r 

Section 2. The supreme court shall consist of seven judges learned 
in the law, who shall have the title of justice, chosen by the electors 
of the commonwealth. They shall hold office for twenty-one years 
and shall not again be eligible. The judge longest in continuous 
service shall be chief justice. 

Corresponding provisions in — 

Constitution of 1776, sec. 23. 
Constitution of 1790, Art. V, sec. 2. 
Constitution of 1838, Art. V, sec. 2. 
Constitution of 1874, Art. V, sec. 2. 

Jurisdiction of Supreme Court. 

Section 3. The jurisdiction of the supreme court shall extend 
over the state, and the judges thereof shall, by virtue of their offices, 
be justices of oyer and terminer and general jail delivery in the 
several counties. It shall have original jurisdiction in cases of in- 
junction where a corporation is a party defendant, of habeas corpus, 
of mandamus to courts of inferior jurisdiction, and of quo warranto 
as to officers of the commonwealth whose jurisdiction extends over 
the state, but shall not exercise other original jurisdiction. 

The supreme court shall have jurisdiction to review in all cases 
the action of other courts and until otherwise prescribed by law 
the manner of exercising such jurisdiction shall be that prescribed 
when this constitution becomes effective. 

Corresponding provisions in — 

Constitution of 1790, Art. V, sec. 3. 

Constitution of 1838, Art. V, sec. 4. 

Constitution of 1874, Art. V, sec. 3. 

Regulative Power and Duty of Supreme Court. 

Section 4. The supreme court shall regulate procedure in courts 
of record and shall adapt the. processes of justice to the necessities 
of all litigants. , ; 



46 REPORT OF THE COMMISSION ON 

Art. V, Sees. 5, 6, 7, 8, 9 

In the discharge of these duties it may regulate forms of action, 
pleading and practice, the keeping of judicial records, and the con- 
ditions under which fees and costs may be remitted and counsel 
assigned without expense to litigants. 

Regulations, when promulgated by the chief justice, shall have the 
force of law until modified by law and shall operate to repeal laws 
theretofore enacted inconsistent with such regulations. 

Subject to law and to such regulations, courts of record shall have 
the power to make their own rules. 

Superior Court. 

Section 5. The superior court shall consist of seven judges learned 
in the law, chosen by the electors of the commonwealth. They shall 
hold office for twenty-one years and shall not again be eligible. The 
judge longest in continuous service shall be president judge. 

Jurisdiction of Superior Court. 

Section 6. Until otherwise prescribed by law, the superior court 
shall have the jurisdiction vested in it when this constitution be- 
comes effective. 

Judicial Districts. 

Section 7. The state shall be divided by law into judicial districts. 
A county having fifty thousand inhabitants may constitute a separate 
district. No county shall be divided in the formation of a district 
and not more than four counties shall be included in a district. 

Corresponding provisions in — 

Constitution of 1790, Art. V, sec. 4. 

Constitution of 1838, Art. V, sec. 3. 

Constitution of 1874, Art. V, sees. 4, 5. 

Courts of Common Pleas. 

Section 8. In each county there shall be a court of common pleas 
consisting of one or more judges learned in the law, chosen by the 
electors of the judicial district in which the county is situated. They 
shall hold office for ten years. The judge longest in continuous 
service shall be the president judge. The office of associate judge 
not learned in the law is abolished, but associate judges in office 
when this constitution becomes effective shall hold office for their 
unexpired terms. 

Corresponding provisions in — 

Constitution of 1776, sec. 26. 

Constitution of 1790, Art. V, sees. 2, 4. 

Constitution of 1838, Art. V, sec. 2 (amended 1850), sec. 3. 

Constitution of 1874, Art. V, sees. 4, 5, 15. 

Jurisdiction of Courts of Common Pleas. 

Section 9. The court of common pleas of each county shall have 
original jurisdiction in civil cases except where such jurisdiction 
shall be vested by law in other courts. It shall have power to issue 



CONSTITUTIONAL AMENDMENT AND REVISION. 47 

Art. V, Sees. 10, 11, 12 

writs of certiorari to justices of the peace and to inferior courts not 
of record aud, except where otherwise prescribed by law, shall have 
jurisdiction in appeals from justices of the peace. It shall have the 
chancery jurisdiction vested in the courts of common pleas when this 
constitution becomes effective. 

In addition to the powers conferred in this section, and until 
otherwise prescribed by law, the courts of common pleas shall have 
the jurisdiction vested in them when this constitution becomes effec- 
tive. 

A judge of a court of common pleas shall be, in the county, a justice 
of the peace as to criminal matters. 

Corresponding provisions in — 

Constitution of 1776, sec. 24. 
Constitution of 1790, Art. V, sees. 6, 8, 9. 
Constitution of 1838, Art. V, sees. 3, 6, 8, 9. 
Constitution of 1874, Art. V, sees. 9, 10, 20. 

a 

Common Pleas Court in Philadelphia. 

Section 10. In the County of Philadelphia the jurisdiction of the 
several courts of common pleas shall be vested in one court of common 
pleas. Until otherwise prescribed by law, the court shall be com- 
posed of fifteen judges. The first judges shall be those holding office 
in the several courts of common pleas when this constitution becomes 
effective. The judge longest in continuous service shall be president 
judge. 

Criminal Courts. 

Section 11. In each county there shall be a court of oyer and 
terminer and general jail delivery and a court of quarter sessions of 
the peace. The judges of the court of common pleas of the county 
shall be the judges of such courts. 

Corresponding provisions in — 

Constitution of 1790, Art. V, sec. 5. 

Constitution of 1838, Art. V, sec. 5. 

Constitution of 1874, Art. V, sec. 9. 

Orphans' Courts. 

Section 12. In each county there shall be an orphans' court. 

In a county having more than one hundred and fifty thousand in- 
habitants there may be a separate orphans' court with the jurisdiction 
of orphans' courts when this constitution becomes effective and with 
other jurisdiction as prescribed by law. Such courts shall consist 
of one or more judges learned in the law, chosen by the electors of 
the county. They shall hold office for ten years. The judge longest 
in continuous service shall be president judge. 

In a county with a separate orphans' court, the register of wills 
of the county shall be the clerk thereof. He shall appoint assistant 
clerks only with the approval of the court. Accounts filed with him 
as register or as clerk shall be audited by the court without expense 
to the parties, unless the court shall appoint, in its discretion, an 
auditor nominated by all parties in interest represented in the pro- 
ceeding. 



48 REPORT OF THE COMMISSION ON 

Art. V, Sec. 13 

In a county without a separate orphans' court, the judges of the 
court of common pleas shall be the judges of the orphans' court, but 
only until the establishment of a separate orphans' court. 

Corresponding provisions in — 

Constitution of 1(76, sec. 20. 

Constitution of 1790, Art. V, sec. 7. 

Constitution of 1838, Art. V, sec. 2 (amended 1850), sec. 7. 

Constitution of 1874, Art. V, sees. 9, 15, 22. 

Justices of the Peace Not in Philadelphia. 

Section 13. Each county, except the county of Philadelphia, shall 
be divided by its court of common pleas into justice of the peace 
districts. A borough, township or city with a population of fifty 
thousand or less shall not be divided. A district may be composed 
of two or more townships or boroughs or any borough or township 
may be attached to a district comprising all or a portion of a city. 
In a city with a population of more than fifty thousand, the number 
of inhabitants shall be divided by fifty thousand and the number of 
districts to which the city shall be entitled shall be the quotient. 
Population shall be determined by the latest United States decennial 
census. After each decennial census the court of common pleas may 
create new districts and may change the boundaries of districts. 
After any such revision of the districts, no new district shall be 
created and no change of boundary shall be made prior to the next 
decennial census. 

In each district one justice of the peace shall be chosen by the 
electors at a municipal election. He shall have been a resident of 
his district for two years next preceding the election unless absent 
on the public business of the United States, of the state government 
or of a municipality of the commonwealth. He shall hold office for 
six years from the first Monday after his election. Upon petition 
of at least two hundred electors of the district setting forth a reason- 
able cause for his removal, he shall be removed from office by the 
court of common pleas if the court, after hearing, finds such cause 
to exist. In such event a justice of the peace may appeal to the 
superior court. A vacancy in the office of justice of the peace shall 
be filled by the governor. 

For services rendered in judicial proceedings a justice of the peace 
shall receive a salary prescribed by law and paid by the county, and 
no other compensation. Fees, fines and penalties received in judi- 
cial proceedings by a justice of the peace shall be paid into the 
county treasury for the use of the county. 

Until otherwise prescribed by law, justices of the peace in any 
county shall have the jurisdiction and powers of the justices of the 
peace of the county existing when this constitution becomes effective. 

Justices of the peace in office when this constitution becomes 
effective shall serve their unexpired terms. On the expiration of 
such terms, the office of justice of the peace as theretofore existing 
is abolished. Vacancies occurring prior to the expiration of such 
terms shall not be filled. 

Corresponding provisions in — 

Constitution of 1776, sec. 30. 

Constitution of 1790, Art. V. sec. 10. 

Constitution of 1838 Art. VI, sec. 7. 

Constitution of 1874, Art. V, sec. 11 (amended 1909), sec. 13. 



CONSTITUTIONAL AMENDMENT AND REVISION. 49 

Art V, Sees. 14, 15, 16 

Justices of the Peace in Philadelphia. 

Section 14. The county of Philadelphia shall be divided by its 
court of common pleas into eighteen justice of the peace districts as 
nearly equal in population as possible. After each United States 
decennial census, the court of common pleas may create new districts 
and may alter the boundaries of districts. After any such revision 
of the districts, no new district shall be created and no change of 
boundary shall be made prior to the next decennial census. The 
number of districts shall not exceed one for each one hundred thou- 
sand of population. 

In each district one justice of the peace learned in the law shall 
be chosen by the electors of the district at a municipal election. His 
other qualifications, his term, and the method of his removal and 
of filling a vacancy in his office shall be as in the case of justices of 
the peace in other counties. For services rendered in judicial pro- 
ceedings, he shall receive a salary prescribed by law and paid by the 
county and no other compensation. Fees, fines and penalties re- 
ceived in judicial proceedings by a justice of the peace shall be paid 
into the county treasury for the use of the county. 

A justice of the peace shall hold a court not of record of police 
and civil causes. His jurisdiction in civil matters shall be limited 
to matters involving three hundred dollars or less and except as 
otherwise provided in this section shall be similar to that of justices 
of the peace in other counties. No political duties shall be imposed 
on him. 

Kules of the procedure for the justices of the peace not inconsistent 
with law or with the regulations of the supreme court shall be pre- 
scribed by the court of common pleas of the county of Philadelphia. 
Magistrates in office when this constitution becomes effective shall 
serve their unexpired terms. On the expiration of such terms, the 
office of magistrate as theretofore existing is abolished. Vacancies 
occurring prior to the expiration of such terms shall not be filled. 

The provisions of this section may be changed or abolished by law. 

Corresponding provisions in — 

Constitution of 1874, Art. V, sec. 12 (amended 1909), sec. 13. 

. Judgeships to be Numbered. 

Section 15. In every court composed of two or more judges re- 
quired to be learned in the law, each judgeship shall, for the purpose 
of election or appointment thereto, be deemed a separate office and 
be distinguished by number from the other judgeships in the same 
court. Judgeships existing when this constitution becomes effective 
shall be taken to be numbered in the respective courts in the order 
of the seniority in commission of the judges occupying them. 

Determining Priority. 

Section 16. Before two or more judges of the same court begin 
service on the same day, they shall cast lots to determine who shall 



50 REPORT OF THE COMMISSION ON 

Art. V, Sees. 17, 18, 19, 20 

be deemed first to have begun 'service and shall certify the result 
to the governor. 

Corresponding provisions in — 

Constitution of 1838, Art. V, sec. 2 (amended 1850). 
Constitution of 1874, Art. V, sec. 17. 

Residence of Judges. 

Section 17. The judges of the supreme court and of the superior 
court shall reside in the state. A judge of another court or a justice 
of the peace shall reside in the district for which he has been elected. 

Corresponding provisions in — 

Constitution of 1790, Art. V, sec. 4. 

Constitution of 1838, Art. V, sec. 2. amended 1850). 

Constitution of 1874, Art. V, sec. 19. 

Compensation of Judges and of Justices of the Peace. 

Section 18. A judge or a justice of the peace required to be 
learned in the law shall receive for his services an adequate salary 
prescribed by law, and no other compensation. A judge required 
to be learned in the law shall be paid by the state government. 

Corresponding provisions in — 

Constitution of 1776, sec. 23. 

Constitution of 1790, Art. V, sec. 2. 

Constitution of 1838, Art. V, sec. 2 (amended 1850). 

Constitution of 1874, Art. V, sec. 18. 

Duties of Courts to be Judicial Only. 

Section 19. No duties shall be imposed on a court or judge except 
such as relate to the administration of justice, to the conduct of the 
business of the court, or to the conduct of elections. After the ad- 
journment of the first session of the general assembly following the 
time when this constitution becomes effective, no powers of appoint- 
ment shall be exercised by a court or judge except such as relate to 
their duties or to the management of public law libraries, the inspec- 
tion and management of prisons, the visitation of public institutions, 
the condemnation of private property, and the administration of pub- 
lic trusts, of public parks or of public works. Other powers of ap- 
pointment vested in a court or judge shall be abolished or vested 
elsewhere by law. 

Corresponding provisions in — 

Constitution of 1874, Art. V, sec. 21. 

Power to Change Venue. 

Section 20. The power to change the venue shall be vested in The 
courts and exercised as prescribed by law. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sec. 23. 



CONSTITUTIONAL AMENDMENT AND REVISION. 51 

Art. V, Sees. 21, 22, 23, 24, 25 

Appeals to Supreme Court in Homicide Cases. 

Section 21. A person sentenced for felonious homicide may remove 
the indictment, record and all proceedings to the supreme court for 
review. . • 

Corresponding provisions in — 

Constitution of 1790, Art. V, sec. 5. 

Constitution of 1838, Art. V, sec. 5. 

Constitution of 1874, Art. V, sec. 24. 

Appeals From Courts Not of Record. 

Section 22. A person summarily convicted, or a party to a suit 
for a penalty before a justice of the peace or in a court not of record, 
may appeal to a court of record in the manner prescribed by law. 

Corresponding provisions in — 

Constitution of 1874 Art. V, sec. 14. 

Process and Indictments. 

Section 23. The style of process shall be "The Commonwealth of 
Pennsylvania." Prosecutions shall be carried on in the name and by 
the authority of the commonwealth of Pennsylvania. Indictments 
shall conclude "against the peace and dignity of the commonwealth 
of Pennsylvania." 

Corresponding provisions in — 

Constitution of 1776, sec. 27. 
Constitution of 1790, Art. V, sec. 12. 
Constitution of 1838, Art. V, sec. 11. 
Constitution of 1874, Art. V, sec. 23. 

Trial Without Jury. 

Section 24. If the parties to a civil case shall agree to dispense 
With a trial by jury, the court shall hear the case and shall deliver a 
judgment having the same effect as if there had been such trial by 
jury. 

Corresponding provisions in — 

Constitution of 1874, Art. V, sec. 27. 

Employment of Counsel and Graded Costs. 

Section 25. Laws shall be enacted, applicable to courts of record 
and to such other courts as may be deemed proper, providing that the 
counties shall compensate counsel assigned to serve without expense 
to litigants. The costs of litigation may be classified or graded by 
law according to the amounts in controversy. 



52 REPORT OF THE COMMISSION ON 



Art. VI, Sees. 1, 2, 3, 4 

ARTICLE VI 

. . SUFFRAGE AND ELECTIONS. 

Qualifications of Electors. 

Section 1. A citizen of the commonwealth shall be entitled to vote 
at elections who has: 

1. Reached the age of twenty-one; 

2. Been a citizen of the United States at least thirty days; 

3. Resided in the state immediately preceding the election for one 

year, or, if he is a native of the commonwealth or has been 
an elector, then for six months immediately preceding the 
election ; 

4. Resided for sixty days next preceding the election in the elec- 

tion district where he shall offer to vote; 

5. Complied with the law regulating the registration of electors. 
The right to vote and to hold office shall not be denied on account 

of race, color or sex. " 

Corresponding provisions in — _ 

Constitution of 1776, sec. 6. 
Constitution of 1790, Art. Ill, sec. 1. 
Constitution of 1838, Art. Ill, sec. 1. 
Constitution of 1874, Art. VIII, sec. 1 (amended 1901). 

Residence of Electors. 

Section 2. For the purpose of voting no person shall be deemed 
to have gained a residence by reason of his presence or to have lost 
it by reason of his absence while in the service of the United States, 
of the state government or of a municipality of the commonwealth, 
or while navigating the waters of the United States or the high seas, 
or while a student of an institution of learning, or while kept in an 
institution at public expense, or while confined in prison. 

Corresponding provisions in — 

Constitution of 1874, Art. VIII, sec. 13. 

Voting in Military or Naval Service. 

Section 3. When an elector shall be absent in the military or naval 
service of the commonwealth or of the United States under a requisi- 
tion by the President, he may vote as if he were present in his place 
of residence, subject to regulations prescribed by law. 

Corresponding provisions in — 

Constitution of 1838, Art. Ill, sec. 4 (amended 1864). 
Constitution of 1874, Art. VIII, sec. 6. 

Privilege of Electors. 

Section 4. Electors shall, except in cases of treason, felony and 
breach or surety of the peace, be privileged from arrest during their 
attendance on elections, and in going to and returning from them. 

Corresponding provisions in — 

Constitution of 1790, Art. Ill, sec. 3. 
Constitution of 1838, Art. Ill, sec. 3. 
Constitution of 1874, Art. VIII, sec. 5. 



CONSTITUTIONAL AMENDMENT AND REVISION. 53 

Art. VI, Sees. 5, 6, 7 

Election Offenses. 

Section 5. A person who shall give, or prom 1 ' be or offer to give a 
valuable consideration or reward for a vote at a.n election or for the 
withholding thereof, or- who shall receive or agree to receive, for him- 
self or for another, a valuable consideration or reward for a vote at 
an election or for the withholding thereof, shall forfeit the right to 
vote at such election. An elector whose right to vote shall be chal- 
lenged for such cause before the election officers shall be required to 
swear or affirm that the subject matter of the challenge is untrue 
before his vote shall be. received. 

A person convicted of wilful violation of an election law shall, in 
addition to the penalties prescribed by law, lose for four years the 
right to vote. 

In a trial of a contested election and in an investigation of elec- 
tions, no testimony shall be withheld on the ground that it may 
criminate the witness or subject him to infamy. Such testimony shall 
not afterwards be used against him in a judicial proceeding except 
in a prosecution for perjury in giving such testimony. 

Corresponding provisions in — 

Constitution of 1776, sec. 32. 

Constitution of 1874, Art. VIII, sees. 8, 9, 10. 

Election Districts. 

Section 6. Townships and wards of cities or boroughs shall form 
or shall be divided into election districts of compact and contiguous 
territory as the court of quarter sessions may direct. 

An election district in a city of over one hundred thousand inhabi- 
tants shall be divided by the court of quarter sessions when at the 
next preceding election more than two hundred and fifty votes have 
been polled therein. Any other election district shall be divided 
when the court of quarter sessions shall be of opinion that the con- 
venience of the electors and the public interests will be promoted 
thereby. 

Corresponding provisions in — 

Constitution of 1874, Art. VIII, sec. 11. 



Election Officers. 

Section 7. In each election district there shall be an election board 
consisting of a judge and two inspectors chosen by the electors of 
the district. They shall hold office for two years. Each elector may 
vote for one candidate for judge and for one candidate for inspector. 
Vacancies in election boards shall be filled and election boards in 
new districts shall be created as prescribed by law. Each inspector 
shall appoint one clerk at each election. An election officer or clerk 
shall be privileged from arrest upon days of election and while en- 
gaged in making up and transmitting returns, except upon warrant 
of a court of record or of a judge thereof for election fraud, for felony, 
or for wanton breach of the peace. In a city he shall be exempt from 
jury duty. 



54 REPORT OF THE COMMISSION ON 

Art. VI, Sees. 8, 9, 10, 11, 12 

Overseers of Elections. 

Section S. The courts of common pleas shall appoint two persons, 
of different political parties, qualified to serve on an election board, 
to be overseers of election in a district on petition of five electors of 
the county, setting forth that such appointment is a reasonable pre- 
caution to secure the purity and fairness of the election. All the 
judges of the court able to act at the time shall concur in the appoint- 
ment. 

The overseers of election, if they shall agree, shall decide any ques- 
tion with respect to the conduct of the election on which the members 
of the election board shall differ. • 

Corresponding provisions in — 

Constitution of 1874, Art. VIII, sec. 16. 

Time of Holding Elections. 

Section 9. The general election shall be held in each even-num- 
bered year and the municipal election shall be held in each odd-num- 
bered year. Each shall be held on the Tuesday next following the 
first Monday in November unless, with the consent of two-thirds of 
the members of each house of the general assembly, a different day 
shall be prescribed by law. 

Corresponding provisions in — 

Constitution of 1874, Art. VIII, sec. 2 (amended 1909), sec. 3 (amended 
1909, 1913). 

Secrecy in Voting. 

Section 10. Elections by the citizens shall be by ballot or by other 
methods as prescribed by law. Secrecy in voting shall be preserved. 

Corresponding provisions in — 

Constitution of 1776, sec. 32. 

Constitution of 1790, Art. Ill, sec. 2. 

Constitution of 1838. Art. Ill, sec. 2. 

Constitution of 1874, Art. VIII, sec. 4 (amended 1901). 

Trial of Contested Elections. 

Section 11. The courts shall determine in the first instance con- 
tested elections of members of the general assembly, of governor, and 
of lieutenant governor. They shall finally determine all other con- 
tested elections. Laws shall be enacted designating the courts and 
judges by whom the several classes of election contests shall be tried, 
and regulating the manner of trial and matters incident thereto. No 
law assigning jurisdiction, or regulating its exercise, shall apply to 
a contest arising out of an election held before its enactment. 

Corresponding provisions in — 

Constitution of 1790, Art. Ill, sec. 2. 
Constitution of 1838, Art. Ill, sec. 2. 
Constitution of 1874, Art. VIII, sec. 17. 

Elections by Representative Bodies. 
Section 12. Elections by representative bodies shall be viva voce. 



CONSTITUTIONAL AMENDMENT AND REVISION. 55 

Art VII, Sees. 1, 2 

ARTICLE VII. 

PUBLIC SERVANTS. 

Times of Elections. 

Section 1. Judges elected by the electors of the commonwealth at 
large may be elected at general or municipal elections as prescribed 
by law. 

Other officers elected by the electors of the commonwealth at large 
shall be elected at general elections. 

Officers not elected by the electors of the commonwealth at large 
shall be elected at municipal elections. 

Special election days to fill unexpired terms may be prescribed 
by law. 

Corresponding provisions in — 

Constitution of 1838, Art. VI, sec. 8. 

Constitution of 1874, Art. XII, sec. 1 (amended 1909). 



Incompatible Offices. 

Section 2. No person shall be a member of the general assembly 
or shall hold under the state government or under a municipality an 
office or place of trust or profit in respect of which he shall receive 
compensation, if he is a member of the congress or if he holds under 
the United States an office or place of trust or profit in respect of 
which he shall receive compensation. 

No person who holds the office of governor or, except as expressly 
provided in this constitution, of lieutenant governor shall hold under 
the state government or under a municipality another office of trust 
or profit. 

No person who holds under the state government the office of judge 
learned in the law shall hold under a municipality an office or place 
of trust or profit in respect of which he shall receive compensation. 

No member of the general assembly shall, during the term for which 
he has been elected, hold under the state government or under a 
municipality an appointive office or place of trust or profit. 

The office of attorney-at-law and office in the militia shall not be 
deemed an office or place of trust or profit within the meaning of 
this section. 

Laws may be enacted declaring what other offices or places of trust 
or profit are incompatible with each other or with membership in the 
general assembly. 

Corresponding provisions in — 

Constitution of 1776, sees. 7, 23. 

Constitution of 1790, Art. I, sec. 18; Art. II, sees. 5, 8; Art. V, sec. 2. 

Constitution of 1838, Art. I, sec. 19; Art. II, sec. 5; Art. V, sec. 2 

(amended 1850) : Art. VI, sec. 8. 
Constitution of 1874, Art. II, sec. 6; Art. IV, sec. 6; Art. V. sec. 18; 
Art. VIII, sec. 15; Art. XII, sec. 2. 



58 REPORT OP THE COMMISSION ON 

Art. VII, Sees. 3, 4 

Disqualifications From Holding Office. 

Section 3. No person shall be a member of the general assembly 
or shall hold, under the state government or under a municipality, 
an office or place of trust or profit if he has: 

(a) Been convicted of embezzlement of public money, of bribery, 

of attempted bribery, of perjury or other infamous crime, 
or of fraud in connection with an election while a candi- 
date for office, or for wilful violation of an election law 
while a candidate for office; 

(b) Been- convicted of having within five years, being a member 

of the general assembly or an officer of the state govern- 
ment, used the money of the state government for an un- 
authorized purpose or made a profit therefrom; 

(c) Been convicted upon impeachment; 

(d) Served as an election officer at the election at which such 

position of member of the general assembly or office or 
place of trust or profit was filled, except in the case of 
such municipal offices, other than county or city offices, 
as may be prescribed by law. 

Corresponding provisions in — 

Constitution of 1776, sees. 19, 32. 

Constitution of 1874, Art. II, sec. 17; Art. Ill, sec. 32: Art. IV, sec. 3; 
Art. VII, sec. 1; Art. VIII, sees. 9, 15; Art. IX, sec. 14. 

Official Oath. 

Section 4. Members of the general assembly, officers of the state 
government and county officers shall, before entering on the duties 
of their offices, take and subscribe the following oath or affirmation: 
"I do solemnly swear (or affirm) that I will support, obey and defend 
the constitution of the United States and the constitution of the 
commonwealth, and that I will discharge the duties of my office with 
fidelity." 

The foregoing oath shall be administered by a person authorized 
to administer oaths. In the case of judges of the supreme court and 
of the superior court and of executive officers of the state govern- 
ment, the oath shall be filed in the office of the secretary of the com- 
monwealth. In the case of other judicial officers and of county offi- 
cers, the oath shall be filed in the office of the prothonotary of the 
county in which it is taken. A person refusing to take such oath or 
affirmation shall forfeit his office. A person who shall be convicted 
of having sworn or affirmed falsely, or of having violated such oath 
or affirmation, shall be guilty of perjury, and shall be forever dis- 
qualified from holding any office of trust or profit in the common- 
wealth. The oath shall be administered to a member of the general 
assembly by a judge of the supreme court or of a court of common 
pleas, in the hall of the house to which the affiant has been elected. 

Corresponding provisions in — 

Constitution of 1776, sees. 10, 40. 
Constitution of 1790, Art. VIII. 
Constitution of 1838, Art. VIII. 
Constitution of 1874, Art. VII. 



CONSTITUTIONAL AMENDMENT AND REVISION. 57 

Art. VII, Sees. 5, 6, 7, 8 

Extension of Term and Change of Compensation. 

Section 5. The term of a public officer shall not be extended and 
his compensation shall not be increased or decreased after his elec- 
tion or appointment except that the compensation of a judge required 
to be learned in the law may be increased. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sec. 13. 

Impeachment. 

Section 6. All officers of the state government shall be liable to 
impeachment for a misdemeanor in office. The power of impeachment 
shall be vested in the house of representatives. An impeachment 
shall be tried by the senate after each senator has been put on special 
oath or affirmation. The person impeached can be convicted only 
with the consent of two-thirds of the senators present. Such convic- 
tion shall operate to remove from office the person convicted and to 
disqualify him from holding a public office or place of trust or profit, 
but shall extend no further. The person impeached, whether acquitted 
or convicted, may be liable to indictment, trial, judgment and punish- 
ment as prescribed by law. 

Corresponding provisions in — 
Constitution of 1776, sec. 2. 
Constitution of 1790, Art. IV, sees. 1, 2, 3. 
Constitution of 1838, Art. IV, sees. 1, 2, 3. 
Constitutionof 1874, Art. VI, sees. .1, 2, 3. 

Removal Otherwise Than by Impeachment. 

Section 7. An officer who shall be convicted of an infamous crime 
or of a crime the commission of which involves the violation of an 
obligation imposed on him as an officer, shall thereby forfeit his office 
and shall be otherwise punished as prescribed by law. 

Appointed officers, other than judges of courts of record, may be 
removed at the pleasure of the appointing power. 

Elected officers of the state government, except the governor, the 
lieutenant governor, and judges of the courts of record, shall be re- 
moved by the governor for reasonable cause, after due notice and full 
hearing, on the address of two-thirds of the senate. 

Judges of courts of record, other than the judges of the supreme 
and superior courts, may be removed by the governor for reasonable 
cause, after due notice and full hearing, on the address of two-thirds 
of each house of the general assembly,, 

Corresponding provisions in — 

Constitution of 1790, Art. V, sec. 2, 

Constitution of 1838, Art. V, sec. 2; Art. VI, sec. 9. 

Constitution of 1874, Art. V, sec. 15; Art. VI, sec. 4. 

Appointments and Promotions. 

Section 8. Appointments and promotions in the civil service of 
the state government and of municipalities shall be according to merit 
and fitness to be ascertained, so far as practicable, by competitive 
examination. 



58 REPORT OF THE COMMISSION ON 

Art. VII, Sec. 9; Art. VIII, Sees. 1, 2 

Bribery.' 

Section 9. A member of the general assembly, or an officer or em- 
ploye of the state government or of a municipality, who shall receive 
or agree or offer to receive for himself or for another any money, 
office, appointment, employment, testimonial, reward, thing of value 
or enjoyment, or of personal advantage or promise thereof to influence 
the performance of a public duty, or a person who shall give or 
promise or offer to give any money, or thing of value, testimonial, 
privilege, or personal advantage to a member of the general assembly 
or to an officer or employe of the state government or of a munici- 
pality, to influence him in the performance of a public duty, shall be 
guilty of bribery, and shall be punished as prescribed by law. 

In a prosecution for bribery or attempted bribery, or in an investi- 
gation thereof, no witness except the accused shall be permitted to 
withhold his testimony on the ground that it may criminate him or 
subject him to infamy. Such testimony shall not afterwards be used 
against the witness in a judicial proceeding except in a prosecution 
for perjury in giving such testimony. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sees. 29, 30, 31, 32. 



ARTICLE VIII. 

TAXATION AND FINANCE. 

Method of Taxation. 

Section 1. Taxes shall be levied and collected only as prescribed 
by general law. A tax shall be uniform upon the same class of 
subjects within the territorial limits of the taxing authority, ex- 
cept that an income or a decedent's estate below a minimum pre- 
scribed by law may be exempted from income and inheritance taxes. 

Laws may be enacted providing for the levying and collecting of 
a special tax on anthracite coal when prepared for market. An ap- 
propriation not exceeding the amount of the proceeds of such tax 
may be made by law for the relief of persons, corporations, asso- 
ciations and municipalities injured or damaged by surface subsid- 
ence resulting from past or future mining of anthracite coal. 

Corresponding provisions in — 

Constitution of 1874, Art. IX, sec. 1. 

Exemption From Taxation. 

Section 2. Laws may exempt from taxation only public property 
used for public purposes, places used for religious worship, places 
of burial not used or held for private profit, and institutions of 
purely public charity. Private property used for a part or all of 



CONSTITUTIONAL AMENDMENT AND REVISION. 59 

Art. VIII, Sees. 3, 4, 5, 6 

the time for educational purposes shall only be exempted if the 
basic language of instruction is English and if the educational 
standards are as high as in the public institutions with which it is 
intended to compete. 

Corresponding provisions in — ■ 

Constitution of 1874, Art. IX, sees. 1, 2. 

Power to Tax Not to be Surrendered. 

Section 3. The power to tax shall not be surrendered or sus- 
pended by contract or grant. 

Corresponding provisions in — 

Constitution of 1874, Art. IX, sec. 3. 

Limitation on State Debt. 

Section 4. A debt shall be created by the state government only 
to supply casual deficiencies of revenue not exceeding one million 
dollars, to repel invasion, to suppress insurrection, to defend the 
commonwealth in war, to pay existing debts, to improve and re- 
build highways in the state and to acquire land in the state for 
forest purposes. A debt for highways shall not be incurred in ex- 
cess of one hundred and fifty million dollars, or for forest purposes 
in excess of twenty-five million dollars. A debt for highway or forest 
purposes shall be created only with the consent of two-thirds of each 
house of the general assembly and with the consent of a majority 
of the electors of the commonwealth voting on the question ; except 
that the adoption of this constitution by the electors shall be taken 
to authorize a law providing for the issuance of bonds for forest 
purposes not in excess of three million, one hundred and twenty- 
live thousand dollars annually for eight years. 

Corresponding provisions in — 

Constitution of 1838, Art. XI, sees. 1, 2 (amended 1857). 
Constitution of 1874, Art. IX, sec. 4 (amended 1918). 

Law Shall State Purpose of Loan. 

Section 5. A law authorizing the borrowing of money by the 
state government shall specify the purpose of the loan. The money 
borrowed shall be used only for such purpose. 

Corresponding provisions in — 

Constitution of 1838, Art. XI, sees. 1, 2 (amended 1857). 
Constitution of 1874, Art. IX, sec. 5. 

Amortization of State Debt. 

Section 6. The state government shall not incur a debt maturing 
more than fifty years thereafter. 

If serial bonds are issued for a debt, the aggregate amount of 
principal and interest payable in respect to the debt in any year shall 
not be less than the amount payable in any later year. 



60 REPORT OF THE COMMISSION ON 

Art. VIII, 7, 8, 9, 10, 11 

If serial bonds are not issued, the state government shall main- 
tain by law a sinking fund sufficient to pay the accruing interest 
on such debt and annually to reduce the principal by a sum not less 
than three per centum of such principal. The money of the sinking 
fund shall be invested only in the bonds of the United States or of 
the state government. 

Corresponding provisions in — 

Constitution of 1838, Art. XI, sec. 4 (amended 1857). 
Constitution of 1874, Art. IX, sees. 11, 12. 

State Credit Not to be Pledged. 

Section 7. The state government shall, not pledge or lend its 
credit to an individual, corporation or association and shall not be- 
come a stockholder or an owner in a corporation or association. 

Corresponding provisions in — 

Constitution of 1838, Art. XI, sec. 5 (amended 1857). 
Constitution of 1874, Art. IX, sec. 6. 

Municipal Debt Not to be Assumed by State. 

Section 8. The state government shall not assume the debt of a 
municipality unless contracted to enable the commonwealth to repel 
invasion, to suppress insurrection or to defend itself in war. 

Corresponding provisions in — 

Constitution of 1838, Art. XI, sec. 6 (amended 1857). 
Conctitution of 1874. Art. IX, sec. 9. 

Reserve Funds. 

Section 9. The money held as necessary reserve by the state 
government shall be limited by law to the amount required for cur- 
rent expenses and shall be secured and kept as prescribed by law. 
Monthly statements shall be published showing the amount of such 
money, where it is deposited, and how it is secured. 

Paying Out Public Money. 

Section 10. Money shall be paid out of the state treasury only 
on appropriations made by law and on warrant by the proper of- 
ficer in pursuance thereof. 

Misuse of Public Money. 

Section 11. An officer or an employe of the state government or 
of a municipality or a .member of the general assembly who shall 
make or attempt to make a profit out of the money of the state gov- 
ernment or of a municipality or shall use it for an unauthorized 
purpose, shall be guilty of a misdemeanor and shall be punished as 
prescribed by law. 



CONSTITUTIONAL AMENDMENT AND REVISION. 61 



Art. IX, Sees. 1, 2. 3, 4 

ARTICLE IX. 

CORPORATIONS. 

Corporate Powers. 

Section 1. A corporation shall engage only in the business au- 
thor ized by its charter. 

Corresponding provisions in — 

Constitution of 1874, Art. XVT, sec. 6. 



Stocks and Bonds 

Section 2. Subject to such regulations as to issue and sale as 
may be prescribed by law or by an agency established by law, shares 
of stock may be issued with or without par value. Shares of stock 
having par value shall be issued^as full paid only for the equivalent 
of such par value in money, labor done or property received, except 
that a corporation may issue additional full paid shares as: pre- 
scribed by law or by an agency created by law for a consideration 
in money, labor or property equal to the current market value of its 
shares theretofore issued. Neither the stock nor the indetedness 
of corporations shall be increased except in pursuance of general 
law or without the consent of the holders of the larger amount in 
value of the stock first obtained at a meeting to be held after thirty 
days' notice given in pursuance of law. 

Corresponding provisions in — - 

Constitution of 1874, Art. XVI, sec. 7. 



Investment of Trust Funds. 

Section 3. No law shall authorize fiduciaries to invest in stock 
or securities issued by a corporation except in bonds approved by an 
agency created by law. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sec. 22. 



Bank Notes and Bills. 

Section 4. A note or bill issued for circulation by a banking 
corporation shall be registered and countersigned by an officer of 
the state government, and its payment shall be secured by the deposit 
of security to the full amount thereof with the state treasurer. The 
method of registering, countersigning and securing payment shall 
be prescribed by law. 

Corresponding provisions in — 

Constitution of 1874, Art. XVI, sec. 9. 



62 REPORT OF THE COMMISSION ON 

Art. IX, Sees. 5, 6, 7, 8, 9, 10 

Cumulative Voting. 

Section 5. In elections for directors or managers of a corpora- 
tion each member or voting stockholder may cast his votes for one 
candidate, or may distribute them among two or more candidates. 

Corresponding provisions in — 

Constitution of 1874, Art. XVI, sec. 4. 

Foreign Corporations. 

Section 6. A foreign corporation shall not do business in this 
state without having in the state a known place of business and 
without making the secretary of the commonwealth an agent of the 
corporation upon whom process may be served. 

Corresponding provisions in — 

Constitution of 1874, Art. XVI, sec. 5. 

Commonwealth's Rights of Eminent Domain and Police Power. 

Section 7. The exercise of the right of eminent domain shall not 
be abridged or so constructed as to prevent the taking by law of the 
property and franchises of corporations and subjecting them to pub- 
lic use the same as the property of individuals. The exercise of the 
police power shall not be abridged or so construed as to permit 
corporations to conduct their business in such manner as to in- 
fringe the equal rights of individuals or the general well-being of 
the state. 

Corresponding provisions in — 

Constitution of 1874. Art. XVI, sec. 3. 

Corporate Obligations Owned by State. 

Section 8. Except as prescribed by law, an obligation of a corpora- 
tion held or owned by the state government shall not be exchanged, 
transferred, remitted, postponed, diminished or discharged except 
by payment thereof into the state treasury. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sec. 24. 

Statutes of Limitations. 

Section 9. Xo law shall discriminate between corporations and 
individuals with respect to the time in which suit may be brought 
against either. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sec. 21 (amended 1915). 

Revocation and Alteration of Corporate Charters. 

Section 10. Laws may be enacted for the alteration, revocation, 
or annulment of corporate charters revocable when this constitu- 
tion becomes effective or thereafter granted when such charters 



CONSTITUTIONAL AMENDMENT AND REVISION. 63 

Art IX, Sees. 11, 12, 13; Art. X, Sees. 1, 2 

shall be deemed injurious to the citizens of the commonwealth, in 
such manner, however, that no injustice shall be done. 

Corresponding provisions in — 

Constitution of 1838, Art. 1, sees. 25, 26 (sec. 26 amended 1857). 

Conditions Imposed on Benefits to Corporations. 

Section 11. No law shall remit the forfeiture of the charter of a 
corporation now existing, or amend the same, or otherwise benefit 
such corporation, except upon condition that it shall thereafter 
hold its charter subject to the provisions of this constitution. 

Corresponding provisions in — 

Constitution of 1874, Art. XVI, sec. 2. 

Banks and Trust Companies. 

Section 12. Laws may be enacted to provide for the incorporation 
of banks and trust companies and to prescribe the powers thereof. 

Corresponding provisions in — 

Constitution of 1838, Art. I, sec. 25. 
Constitution of 1874, Art. XVI, sec. 11. 

Definition of "Corporation." 

Section 13. The term "corporation" as used in this constitution 
includes joint stock companies or associations having any of the 
powers or privileges of corporations not possessed by individuals 
or partnerships. 

Corresponding provisions in — 

Constitution of 1874, Art. XVI, sec. 13. 



ARTICLE X. 
PUBLIC UTILITIES. 

Regulation of Public Utilities. 

Section 1. Public service and the business of those therein may be 
regulated by law or by an agency created by law. 

Eminent Domain. 

Section 2. A corporation, association, individual or municipality 
invested with the privilege of taking private property 1 for public 
use shall make just compensation for property taken, injured or 
destroyed. The compensation shall be paid or secured before such 
taking, injury or destruction. No law shall deprive a person of an 



64 REPORT OF THE COMMISSION ON 

Art. X, Sees. 3, 4, 5 

appeal from a preliminary assessment of damages, and, on appeal, 
either party may have the damages assessed by a jury according to 
the course of the common law. 

Corresponding provisions in — ■ 

Constitution of 1838, Art. VII, sec. 4. 
Constitution of 1874, Art. XVI, sec. 8. 

Common Carriers, Telegraph and Telephone Lines. 

Section 3. Kailroads and canals shall be public highways and 
railroad and canal corporations shall be common carriers. Such 
corporations may construct and operate railroads and canals be- 
tween any points within the state and may cross and connect with 
other railroads and canals within the state and at the state line. 
They shall receive, 'at connecting points, and shall transport, each 
other's passengers and freight without delay or discrimination. 
Railroad corporations shall receive at connecting points and trans- 
port each other's cars and canal corporations shall likewise receive 
and transport each other's vessels. 

A corporation organized for the purpose shall have the right to 
construct lines of telegraph and telephone within the state. The 
owners or operators of telegraph or telephone lines may connect 
them with the telegraph and telephone lines of others. They shall 
receive at connecting points and shall transmit each other's mes- 
sages. 

The rights and obligations set forth in this section shall be exer- 
cised only as prescribed by law or by an agency created by law. 

Corresponding provisions in — 

Constitution of 1874, Art. XVI, sec. 12; Art. XVII, sec. 1. 



Construction of Canals to Conform to Fixed Standards. 

Section 4. Provision shall be made by law for the construction 
of canals in accordance with standards prescribed by law or by 
an agency created by law. 



No Discrimination in Services or Charges. 

Section 5. All individuals, associations and corporations shall 
have equal rights to have persons and property transported over 
railroads and canals and to have messages transmitted over tele- 
graph and telephone lines. There shall be no undue or unreasonable 
discrimination, in facilities or charges, for such transportation or 
transmission within the state or coming from or going to another 
state. A charge for such transportation or transmission within the 
state shall not exceed the charge for a similar service in the same 
direction to a more distant point, but excursion or commutation 
tickets may be issued at special rates. 

Corresponding provisions in — 

Constitution of 1874, Art. XVII, sec. 3. 



CONSTITUTIONAL AMENDMENT AND REVISION. 65 

Art. X, Sees. 6, 7, 8, 9, 10 

Preferences and Rebates Prohibited. 

Section 6. No discrimination in charges or facilities for trans- 
portation shall be made between transportation corporations and 
individuals, or in favor of either, by abatement, drawback or other- 
wise, and no railroad or canal corporation, or any lessee, manager 
or employe thereof, shall make preferences in furnishing service. 

Corresponding provisions in — 

Constitution of 1874, Art. XVII, sec, 7. 

Consolidation Permitted. 

Section 7. A public service corporation, when authorized by law 
or by an agency created by law, may consolidate with another public 
service corporation or may acquire its stock, property or franchises. 

Corresponding provisions in — 

Constitution of 1874, Art. XVII, sec. 4. 

Powers of Common Carriers. 

Section 8. A corporation being a common carrier shall not trans- 
port over facilities which it owns or operates articles which it has 
directly or indirectly mined or manufactured for sale. 

It shall engage only in the business of a common carrier, except 
that if it uses electricity as a motive power, it may, when authorized 
by an agency created by law, furnish electricity to others for light, 
heat or power. 

A mining or manufacturing corporation shall not be deemed a 
common carrier for the purposes of this section by reason of carrying 
its products on its railroad or canal not exceeding fifty miles in 
length. 

Corresponding provisions in — 

Constitution of 1874, Art. XVII, sec. 5, 

Passes Prohibited. 

Section 9. A corporation being a common carrier shall not grant 
free passes or reduced rates to any person except to its own officers 
or employes. 

Corresponding provisions in — 

Constitution of 1874, Art. XVII, sec. 8. 

Water Rights. 

Section 10. A right in waters shall not be granted by the state 
government or by a municipality for more than fifty years or without 
reasonable compensation. 

At the expiration of the first or of any subsequent grant, the state 
government or the municipality shall make a new grant to the holder 
of the right, or pay, or cause to be paid, compensation for all property 



66 REPORT OP THE COMMISSION ON 

Art. X, Sec. 11; Art. XI, Sees. 1, 2, 3, 4 

necessary to the exercise of the right and upon such payment title 
to said property shall vest in the state government or municipality 
or corporation making the payment. 

Enforcement of This Article. 

Section 11. Laws shall be enacted to enforce the provisions of 
this article. 

-Corresponding provisions in — 

Constitution of 1874, Art. XVII, sec. 12, 



ARTICLE XL 
EDUCATION. 



Educational System of the Commonwealth. 

Section 1. Laws shall be enacted providing for the operation and 
maintenance of a public educational system for the commonwealth. 
This shall include public schools for the elementary, secondary and 
vocational education of all children of the commonwealth, for the free 
mental and vocational education of persons under mental or physical 
disability, for the free education in American citizenship of adults, 
and for the training of teachers, a system of public libraries, one or 
more public universities, and such other public educational institu- 
tions and agencies as may be wise and necessary for the improvement 
of the citizenship of the commonwealth. 

Corresponding provisions in — 

Constitution of 1776, sec. 44. 
Constitution of 1790, Art. VII, sec. 1. 
Constitution of 1838, Art. VII, sec. 1. 
Constitution of 1874, Art. IX, sec. 1. 

State Council of Education. 

Section 2. Laws shall be enacted providing for a state council of 
education appointed by the governor. The council shall have the 
powers and duties prescribed by law. Its chief executive officer shall 
be the commissioner of education. 

Support of Educational System. 

Section 3. Laws shall be enacted making adequate provision by 
appropriation and through general or special forms of taxation for 
the effective and equitable support of the public educational system 
of the commonwealth. 

No Appropriations to Sectarian Institutions. 

Section 4. Money raised for the support of the public educational 
system of the commonwealth shall not be appropriated to or used 
for the support of any sectarian school or institution. 



CONSTITUTIONAL AMENDMENT AND REVISION. 67 

Art. XI, Sees. 5, 6; Art. XII, Sees. 1, 2, 3, 4 

State School Fund. 

Section 5. The net receipts from state forests, unclaimed funds 
derived by the commonwealth either by escheat or otherwise, and 
money or property designated for the purpose and derived from any 
source shall constitute the state school fund to be used only for the 
benefit of the public educational system of the commonwealth in such 
manner as may be prescribed by law. 

Basic Instruction to be in English. 

Section 6. The basic instruction in public and private schools shall 
be given in the English language and from English texts. 



ARTICLE XII. 
SOCIAL WELFARE AND PUBLIC HEALTH. 

Charitable Institutions and Agencies. 

Section 1. Laws shall be enacted providing for the maintenance 
of an efficient system of institutions and agencies to care for residents 
of the commonwealth who cannot care for and support themselves on 
account of physical or mental infirmities or other misfortune and to 
prevent such infirmities and misfortunes so far as possible. 

Penal and Correctional Institutions. 

Section 2. Laws shall be enacted providing for the maintenance of 
an efficient system of penal and correctional institutions and agencies. 

Employment and Treatment of Prisoners. 

Section 3. Humanity, sound public economy and just considera- 
tion for the innocent dependents of persons deprived of their liberty, 
by judgment, decree or sentence of any court, require that all such 
persons should, during their imprisonment, be afforded an oppor- 
tunity for remunerative labor, and the conditions of imprisonment 
shall always be such as to promote the physical, mental and moral 
welfare of the prisoner. Such laws shall accordingly be enacted as 
may be necessary to give effect to this provision. 

Supervision of Charitable, Correctional and Penal Institutions 

and Agencies. 

Section 4. Charitable, correctional and penal institutions and 
agencies and other institutions and agencies for the care, relief or 
treatment of persons having physical or mental infirmities, shall be 



08 REPORT OF THE COMMISSION ON 

Art. XII, Sec. 5; Art. XIII, Sees. 1, 2, 3, 4 

subject to governmental inspection and supervisory control. The 
power to enforce the laws with respect to such institutions shall be 
vested in one or more departments of the state government or in 
such agencies as may be prescribed by law. 

Health. 

Section 5. The protection and promotion of the public health 
under modern social, economic and industrial conditions is essential 
to the well-being of the commonwealth and is hereby declared to be a 
primary duty of government. 



ARTICLE XIII. 

MUNICIPALITIES. 

Definition. 



Section 1. Municipalities shall be counties, cities, boroughs, town- 
ships, school districts, poor districts and other divisions of the com- 
monwealth for the purpose of local government. 

Classification. 

Section 2. Municipalities may be classified upon the basis of con- 
ditions requiring special regulation. The classification of municipali- 
ties according to population shall not divide cities, counties or school 
districts into more than seven classes or other municipalities into 
more than five classes. A class must contain more municipalities 
than one except where the basis of classification is population or the 
coincidence of the boundaries of two or more municipalities. 

A law otherwise general shall not be local because applicable only 
to municipalities adopting it. 

Proportional Representation. 

Section 3. Proportional representation may be prescribed by law 
for the election of representative bodies in municipalities in which 
that method of election shall be approved by a majority of the electors 
voting on the question. 

New Counties. 

Section 4. A new county shall not be established if it would have 
less than three hundred square miles and fifty thousand inhabitants 
or if a line thereof would pass within ten miles of the boundary of 
the county seat of a county proposed to be divided or if its establish- 
ment would reduce another county below such area or population. A 



CONSTITUTIONAL AMENDMENT AND REVISION. 69 

Art. XIII, Sees. 5, 6, 7, 8, 9 

new county shall not be established without the consent of a majority 
of the electors resident within the proposed boundaries thereof voting 
on the question. 

Corresponding- provisions in — ■ 

Constitution of 1838. Art. XII, (Amended 1857). 
Constitution of 1874, Art. XIII, sec. 1. 

City Charters. 

Section 5. Laws may be enacted giving to cities or to cities of a 
particular class, authority to frame, adopt and amend charters for 
their organization and government. 

Creation and Change of Boundaries of Cities and Boroughs. 

Section 6. A city or borough shall not be established or its boun- 
daries changed except with the consent of a majority of the electors 
resident within the proposed boundaries voting on the question, and 
of a majority of the electors in the proposed added or excluded area 
voting on the question. 

Corresponding provisions in- — 

Constitution of 1874, Art. XV, sec. 1. 

Appointive Municipal Officers. 

Section 7. Appointive officers in counties, cities, boroughs and 
townships shall be appointed by an officer or agency of the munici- 
pality as prescribed by law, except as in this constitution otherwise 
provided. 

Accountability of Municipal Officers. 

Section 8. Laws shall be enacte,d providing for the strict account- 
ability of municipal officers, as well for the fees which may be col- 
lected by them as for all public or municinal moneys which may be 
paid to them. 

Corresponding provisions in — 

Constitution of 1874, Art. XIV, sec. 6. 

County Officers. 

Section 9. The officers of a county shall be three commissioners, 
three auditors or a controller, a sheriff, a coroner, a prothonotary, a 
register of wills, a recorder of deeds, a treasurer, a surveyor, a clerk 
of the orphans' court, a clerk of the, court of quarter sessions of the 
peace and of the court of oyer and terminer and general jail delivery, 
a district attorney, and other officers prescribed by law. 

In a county co-extensive with a city or included therein, any con- 
stitutional county office may be abolished by law and its duties and 
powers may be transferred to a city officer or officers. 

Corresponding provisions in — ■ 

Constitution of 1874, Art. XIV, sec. 1. 



70 REPORT OF THE COMMISSION ON 

Art. XIII, Sees. 10, 11, 12, tf ' 

Election of Certain County Officers. 

Section 10. Except as in this constitution expressly provided, 
county officers shall be chosen by the electors of the county. Each 
shall hold office for four years from the first Monday of January 
succeeding his election or until his successor shall qualify. Vacan- 
cies shall be filled as prescribed by law. The sheriff and the treasurer 
shall not be eligible for the succeeding term. 

Corresponding provisions in- — 

Constitution of 1776, sec. 31. 

Constitution of 1790, Art. VI, sec. 1. 

Constitution of 1838. Art. VI, sees. 1, 3. 

Constitution of 1874, Art. XIV, sees. 1, 2 (Amended 1909). 

County Commissioners and County Auditors. 

Section 11. Three county commissioners shall be elected in each 
county in the year 1923, one to serve for two years and two to serve 
for four years. Every four years thereafter, two commissioners shall 
be elected to serve for four years. In the year 1925 and every four 
years thereafter, one commissioner shall be elected to serve for four 
years. An elector shall vote for one candidate for commissioner ex- 
cept in the year 1923, when he shall vote for one candidate to serve 
for two years and for one candidate to serve for four years. A vacancy 
in the office of commissioner shall be filled by the governor by the 
appointment of an elector of the county who has voted for the com- 
missioner whose place is to be filled. In a county having auditors, 
they shall be elected and vacancies in the office of auditor shall be 
filled as in the case of commissioners. 

Corresponding provisions in — 

Constitution of 1874, Art. XIV, sec. 7 (Amended 1909). 

Philadelphia Prothonotary. 

Section 12. The prothonotary of the county of Philadelphia shall 
be appointed by the judges of the court of common pleas of the county. 
He shall hold office for three years, but may be removed at the pleas- 
ure of the court. He shall appoint assistants only with the approval 
of the court. The salaries of the prothonotary and of his assistants 
shall be paid by the county. 

Corresponding provisions in — 

Constitution of 1874, Art. V, sec. .7. 

Residence of County Officers. 

Section 13. An appointive county officer shall have been a citizen 
and resident of the county for one year before his appointment, if 
the county has been so long established, but if it has not been so long 
established, then within the limits of the county or counties out of 
which it has been taken. 

Corresponding provisions in — 

Constitution of 1874, Art. XIV, sec. 3. 



CONSTITUTIONAL AMENDMENT AND REVISION. 71 

Art. XIII, Sees. 14, 15, 16, 17 

Certain County Officers to Keep Offices in County Seat. 

Section 14. The prothonotary, the clerk of the orphans' court, the 
clerk of the court of quarter sessions of the peace and of the court 
of oyer and terminer and general jail delivery, the recorder of deeds, 
the register of wills, the surveyor, and the sheriff shall keep their 
offices in the county seat. 

Corresponding provisions in — 
Constitution of 1776, sec. 34. 

Constitution of 1790 , Art. V , sec. 11 ; Art. VI , sec. 3. 
Constitution of 1838 , Art. V , sec. 10 ; Art. VI , sec. 4. 
Constitution of 1874 Art. XIV. sec. 4. 



Compensation of County Officers. 

Section 15. County officers shall be paid only by salary for services 
performed for the state government or for the county or for any other 
official service. Except as otherwise provided in this constitution, 
such salaries shall be prescribed by law. Fees received by county 
officers shall be paid into the treasury of the county or into the state 
treasury as prescribed by law. 

Corresponding provisions in — 

Constitution of 1874, Art. XIV, sec. 5. 

Salaries and Expenses of County Officers in a County Co-Extensive 

With a City. 

Section 16. In a county co-extensive with a city or included there- 
in, the county treasury and the, city treasury shall be united in a 
single city treasury. The funds and obligations of the county shall 
be those of the city. The officers of the state government or of the 
county whose salaries or the expenses of whose offices or courts shall 
be paid in whole or in part by the city, shall at such times as may 
be required in the case of city offices submit to the chief executive of 
the city estimates of their needs. The city shall control the amount 
to be expended for such salaries and expenses except salaries pre- 
scribed by law, and the expenses of the courts of common pleas and 
of the orphans' courts. 

Municipal Borrowing Capacity. 

Section 17. A municipality may incur debt by borrowing money as 
prescribed by law if its aggregate debt for borrowed money would not 
then exceed the sum of: 

(a) Ten per centum of the assessed value of the property 
therein taxable by or for the benefit of the municipality. 

(b) An amount equal to that capital sum which, at the 
legal rate of interest and at such amortization charges as shall 
be prescribed by law would yield an amount equal to the net 
revenue derived by the municipality during the last preceding 
fiscal year from its public improvements. 



72 REPORT OF THE COMMISSION OX 

Art. XIII, Sec. 18 

(c) The amount of debt secured by liens on public improve- 
ments and imposing no obligation on the municipality, if the 
net revenue derived from such improvements has not been 
taken into account under paragraph (b). 

(d) So much of any debt incurred within five years to ac- 
quire public improvements as shall be likely to be allowable 
under paragraph (b) within six years thereafter, if the net 
revenue derived from such improvements has not been taken 
into account under paragraph (b), and if such debt has not 
been taken into account under paragraph (c). 

(e) The par value of the evidences of debt of the munici- 
pality owned by it and pledged toward the payment of the 
principal of its debt. 

(f) The amount of cash and the marked value of invest- 
ments owned by the municipality and the amount of the col- 
lectible debts due or to fall due owned by the municipality, 
in so far as such assets are pledged toward the payment of 
the principal of its debt. 

(g) Eighty per centum of the amount which it is estimated 
as prescribed by law that the municipality will receive within 
five years from assessments against property benefited by pub- 
lic improvements, if such amount is pledged toward the pay- 
ment of the principal of its debt and if it has not been taken 
into account under paragraph if). 

An indebtedness incurred by a municipality in excess of three per 
centum of the assessed value of the taxable property therein shall be 
approved by a majority of the electors thereof at a public election 
held as prescribed by law. 

The term "incur debt," as used in this section, shall include an in- 
currence of new indebtedness, an extension of the maturity of a debt, 
a deferment of the payment of a debt, a change in the form of a debt, 
and an assumption of a debt. 

A debt shall be deemed to be incurred at the time the obligation 
to pay is entered into or the contract to extend, defer, change or 
assume an existing debt is made. 

Corresponding provisions in — 

Constitution of 1874, Art. IX, sees. 8 (Amended 1911 and 1915), 15. 



Duration and Payment of Debts. 

Section IS. A municipality shall not incur a debt maturing more 
than fifty years thereafter. The aggregate amount of principal and 
interest payable in respect of a debt in any year shall not be less than 
the amount payable in any later year unless the sinking fund method 
of amortization is authorized by law. Such sinking fund shall be 
sufficient to pay the accruing interest on such debt and annually to 
reduce the principal by a sum not less than three per centum of such 
principal. The money in such sinking fund shall be invested in the 
bonds of the United States, of the state js:overnment or of a munici- 
pality thereof. 



CONSTITUTIONAL AMENDMENT AND REVISION. 73 

Art. XIII, Sees. 19, 20, 21, 22, 23 

On or before incurring a debt by borrowing money, the municipality 
shall provide for the collection of an annual tax sufficient to pay the 
principal and interest as they fall due. 

Corresponding provisions in — 

Constitution of 1874, Art. IX, sees. 8 (Amended 1911 and 1915), 10, 15; 
Art. XV, sec. 3. 

Debts Other Than for Money Borrowed. 

Section 19. A municipality shall not incur a debt otherwise than 
by the borrowing of money unless there has been an appropriation 
to pay the debt. 

Corresponding provisions in — 

Constitution of 1874, Art. XV, sec. 1. 

Municipalities Not to Pledge Credit. 

Section 20. A municipality shall not pledge or lend its credit to 
a corporation, association or individual and shall not be a stock- 
holder or owner in a corporation or association. Except to discharge 
municipal liabilities, it shall not appropriate money to assist a private 
business enterprise. 

The provisions of this section shall not be construed to apply to 
the lease by a municipality to a corporation of a public service facility 
for a rental dependent on the earnings of the lessee if the corporation 
covenants to operate the facility and an agency created by law to 
regulate public utilities approves the lease. 

Corresponding provisions in — 

Constitution of 1838.. Art. XI, sec. 7 (Amended 1857). 
Constitution of 1874. Art. IX, sec. 7. 

Special Commissions Prohibited. 

Section 21. No law shall delegate to a special commission, corpora- 
tion or association power to perform a municipal function or to make, 
supervise or interfere with a municipal improvement, or with munici- 
pal property or money, whether held in trust or otherwise. 

Corresponding provisions in — 

Constitution of 1874, Art. Ill, sec. 20. 

Assessments of Benefits for Public Improvements. 

Section 22. Laws may be enacted authorizing assessments against 
properties which are specially and particularly benefited by public 
improvements made by the state government or by a municipality, 
whether or not such properties abut upon such public improvements. 

Extent of Land Permitted to be Taken for Public Improvements. 

Section 23. When the public purpose for which land is taken can 
best be attained by acquiring more land than the state government 
or the municipality proposes to retain, the state government or the 



74 REPORT OP THE COMMISSION ON 

Art. XIII, Sees. 24, 25, 26, 27; Art. XIV, Sec. 1 

municipality, subject to regulations prescribed by law, may take all 
the land which in its judgment is needed for the attainment of such 
purpose and may dispose of portions thereof, subject to restrictions 
protective of the public purpose. 

Zoning of Municipalities. 

Section 24. Municipalities may be authorized by law to promote 
the general welfare by regulating the location, size and use of build- 
ings. For the purpose of such regulations, a municipality may divide 
its territory into districts, to each of which special regulations may 
be applied. 

Contracts Between Municipalities. 

Section 25. A municipality may, as prescribed by law, contract 
with one or more municipalities for the joint acquisition, construc- 
tion, maintenance, supervision or operation of public property, for 
the creation of agencies to effect any of such purposes, and for the 
creation of such agencies as may be mutually agreed upon for the 
good government of the municipalities. Such agencies shall not levy 
taxes or borrow money. Every such contract shall name arbitrators; 

Street Passenger Railways in Cities, Boroughs or Townships. 

Section 26. A street passenger railway shall not be constructed 
in a city, borough or township except with the consent of the munici- 
pality. 

The provisions of this section shall not be construed to permit a 
restriction on the power of the state government to regulate the 
operation of such a railway. 

. Corresponding provisions in — 

Constitution of 1874. Art. XVII, sec. 9. 

One Place of Paying Taxes in Cities and Boroughs. 

Section 27. Laws shall be enacted to enable a taxpayer in each 
city and borough to pay all municipal taxes at one office. 



ARTICLE XIV. 
AMENDMENT AND REVISION. 

Amendments. 

Section 1. An amendment to this constitution may be proposed 
in the general assembly. If agreed to by a majority of the members 
elected to each house, it shall be entered on the journals with the 
names of the members voting for and of those voting against, and 



CONSTITUTIONAL AMENDMENT AND REVISION. 75 

Art. XIV, Sec. 2; Concl. Sec. 

the secretary of the commonwealth shall cause it to be published 
once a week for four weeks immediately preceding the next general 
election in at least two newspapers in every county in which news- 
papers shall be published. If it shall be likewise agreed to by the next 
general assembly, the secretary of the commonwealth shall cause it to 
be published in the manner aforesaid for four week immediately pre- 
ceding the first general or municipal election which shall first occur 
not less than three months after such agreement, and it shall be 
submitted at such election to the electors of the commonwealth in 
such manner as the general assembly shall prescribe. If it shall be 
approved by a majority of the electors voting thereon, it shall be- 
come a part of the constitution. When two or more amendments 
are submitted to the electors at the same time, they shall be voted 
upon separately. 

Corresponding provisions in — 

Constitution of 1776, sec. 47. 
Constitution of 1838, Art. X. 
Constitution of 1874, Art. XVIII. 

Constitutional Conventions. 

Section 2. The general assembly may recommend to the electors 
of the commonwealth to vote for or against a convention for the 
framing of a new constitution or of amendments to this constitu- 
tion or of a revision thereof. Such convention shall be held only 
with the approval of a majority of the electors voting on the ques- 
tion. . It shall be composed of delegates chosen by the electors of 
the commonwealth. The new constitution, the. amendments or the 
revised constitution proposed by the convention shall become effec- 
tive only when ratified by a majority of the electors of the common- 
wealth voting thereon. The times and methods of such voting and 
election and the composition of the convention shall be determined 
by the general assembly with the consent of a majority of the mem- 
bers elected to each house. 



CONCLUDING SECTION. 

Wherever a term in the masculine form is used in this constitution, 
it refers to men and women alike. 




(7(5) 



EXHIBIT A. 



RULES OF STYLE. 
Used in Drafting the Proposed Constitution. 



(77) 




(78) 



EXHIBIT A. 
RULES OF STYLE 

Used in Drafting the Proposed Constitution. 

The commission has been very careful to state the proposed con- 
stitution in the most accurate language possible. The need of ex- 
pressing both new provisions and old in an accurate and uniform 
style is apparent even to a casual student of the subject. In draft- 
ing new provisions the commission was confronted at the outset 
with the necessity of adopting uniform phraseology. To produce 
entire uniformity throughout the whole constitution it has been 
necessary in many instances to change the language of the present 
constitution even where no change has been made in the substance. 
Only a precise and uniform use of words and an orderly arrange- 
ment of material can present a number of related principles and 
rules in such a way as to avoid confusion. 

Except in the Bill of Eights which is unchanged in substance and 
in form the Commission have followed the following rules of style: 

Rule I. A word or phrase should have a single meaning through- 
out the whole constitution; and, conversely, an idea or thing should 
always be expressed by the same word or phrase. 

Examples : 

1. State. — The territory included within the boundaries of 
Pennsylvania. 

2. Commonwealth. — The residents of the state as a political 
and social unit. 

Note: In the present constitution the words "state" and 
"commonwealth" are used interchangeably. 

3. Municipality. — Defined in article XIII, section 1 as "coun- 
ties, states, boroughs, townships, school districts, poor districts 
and other divisions of the commonwealth for the purpose of 
local government." 

4. State government. — All government dealt with in the con- 
stitution except that of municipalities. 

5. Enact. — To make law. 

Note: In the present constitution the words "pass" and 
"enact" are used interchangeably. 

6. Corporation. — An association having any of the powers 
or privileges usually conferred upon private corporations. The 
word is not used to denote a municipality. 

(79) 



SO KEPORT OF THE COMMISSION ON 



7. Branch. — One of the three divisions of the state govern- 
ment, e. g. the legislative branch. 

8. General assembly. — The senate and the house of repre- 
sentatives. 

Note: In the present constitution, "general assembly" and 
"legislature" are used interchangeably. 

9. Law. — Statutory law enacted by the state government. 

10. Prescribed by law. — Provided, regulated or prescribed by 
statutory law. 

11. No law shall. — This takes the place of such expressions 
as "no law shall ever be made," "no law shall be passed," and 
"'the general assembly is hereby prohibited." 

12. Laws shall (may) be enacted. — These expressions take the 
place of such expressions as "the general assembly shall pro- 
vide by law," and "the general assembly may enact laws." 

13. When this constitution becomes effective.— The date upon 
which the constitution by its own provisions is to become effec- 
tive. 

14. Officer. — This word does not include members of the gen- 
eral assembly. When these are intended to be included they are 
specially mentioned, as in article VII, section 3 of the constituti- 
tution as proposed. The word "officer" does include judges, as 
appears by article VII, section 7 of the constitution as pro- 
posed in which reference is made to elected officers of the state 
government "except judges." Such expressions as "officers of 
the commonwealth" have been avoided by the use of language 
which will make it clear whether it is intended to include of- 
ficers of municipalities or officers of the state government only. 

The difference between an officer and an employe is a differ- 
ence of degree only. It is therefore impossible to define the 
word "officer" so as clearly to distinguish it from employe. As 
under the present constitution it will be necessary for the courts 
to decide, where the constitution plainly describes a position as 
an "office,'" whether a public servant is an officer or simply an 
employe. 

15. Office or place of trust or profit.— This expression includes 
all public positions except membership in the congress or in the 
general assembly, both of which are specialty mentioned when 
intended to be included. In a number of instances the difficulty 
of drawing the line between an officer and an employe has been 
avoided by using the comprehensive expression "office or place 
of trust or profit" to cover both. 

Rule II. Unnecessary language should be eliminated. 
Examples : 

1. Emphasizing words or expressions are omitted in connec- 
tion with absolute permissions or prohibitions. This avoids the 
use of the words "all" and "anv" in many instances and avoids 






CONSTITUTIONAL AMENDMENT AND REVISION. 81 



the use of such words and expressions as a in any way," "ever" 
and "never." 

2. In many instances a section or sentence of the present 
constitution has been re-written so as to present the thought 
in fewer words. Compare for instance: 

Article V, section 2 of the constitution as proposed with 

article V, section 2 of the present constitution. 
Article VI, section 3 of the constitution as proposed with 

article VIII, section 6 of the present constitution. 
Article IX, section 8 of the constitution as proposed witli 
article III, section 24 of the present constitution. 

Rule III. Related provisions should be grouped together so far 
as possible. 

1. Article VII of the constitution as proposed includes matter 
with respect to public servants now found in articles II, III, IV, 
V, VI, VII, VIII and XII. 

2. Article XIII of the constitution as proposed is a new 
article including all matter both new and old with respect to 
municipalities. 

Rule IV. An orderly arrangement of sentences, sections and 
articles should be followed and where possible, the arrangement of 
sentences and sections should follow the order of time. 

Examples : 

1. In article IV, the sections covering various subject mat- 
ters are arranged in the following order: — ■(!) Vesting executive 
power; (2) governor; (3) lieutenant-governor; (4) vacancy in 
office of governor or lieutenant-governor; (5) secretary of the 
commonwealth; (6) secretary of internal affairs; (7) auditor 
general and state treasurer; (8) state contracts; (9) seal and 

^ commissions. 

2. Article III, section 6 has been re-written so as to state the 
required proceedings in chronological order. 



n 



(82) 



EXHIBIT B. 



PROPOSED CONSTITUTION 

And Corresponding Provisions of Present Constitution in 
Parallel Columns 



(83) 




(84) 



ARTICLE I. 
DECLARATION OF RIGHTS. 



NOTE. 

The Commission recommend that the Declaration of Rights he 
adopted without change. The text will be found in the Proposed Con- 
stitution, Part II of the report of the Commission. 



( 85) 



86 



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93 





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No law shall be 
L, section 1.) 




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Ph 

Ph 
3 
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72 


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W. 
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02 


therefrom 
[II, sectio 




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95 



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CONSTITUTIONAL AMENDMENT AND REVISION. 97 



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104 



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107 



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CONSTITUTIONAL AMENDMENT AND REVISION. 



109 



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EXHIBIT C. 



THE PROPOSED CONSTITUTION. 

with a note to each section giving the text of the corresponding pro- 
visions of the present constitution and an explanation of any changes 
of substance and clarifying changes. 



(191) 



m 



(192) 



EXHIBIT C. 

THE PROPOSED CONSTITUTION 

with a note to each section giving the text of the corresponding pro- 
visions of the present constitution and an explanation of any changes 
of substance and clarifying changes. 



ARTICLE I. 
DECLARATION OF RIGHTS. 



Note. 



The Commission recommend that the Declaration of Rights be 
adopted without change. The text will be found in Part II of the 
Report of the Commission. 



ARTICLE II. 
THE GENERAL ASSEMBLY. 



Preliminary Note. 

Source: Article II. 

Arrangement: The order of subjects is as follows: 

Vesting of legislative power — section 1. 

Senatorial a'nd legislative districts — sections 2 % 3, 4. 

Qualifications, election and term of members — sections 5, 6. 

Compensation and privileges of members — sections 7, 8. 

Dates of sessions — section 9. 

Quorum and powers of each house — sections 10, 11. 

Choice and compensation of officers — sections 12, 13. 

Keeping of journals — section 14. 

Open sessions — section 15. 

Adjournment — section 16. 

(193) 
13 



194 REPORT OF THE COMMISSION ON 

Art. II, Sees. 1, 2, 3 

Legislative Power. 

1 Section 1. The legislative power of the commonwealth shall 

2 be vested in a general assembly which shall consist of a senate 

3 and a honse of representatives. 

Note. 
Source: Article II, section 1: 

"The legislative power of this commonwealth shall be 
vested in a general assembly which shall consist of a senate 
and a house of representatives." 

Changes in Substance: None. 

Changes in Style: "This" has been changed to "the" because 
throughout the constitution as proposed the expression "the 
commonwealth" is employed. 



Legislative Apportionment. 

1 Section 2. At the first session of the general assembly after 

2 this constitution becomes effective and at the first session of 

3 general assembly after each United States decennial census, 

4 the state shall be divided by law into senatorial and representa- 

5 five districts. 

Note. 
Source: Article II, section 18: 

"The general assembly at its first session after the adop- 
tion of this constitution, and immediately after each United 
States decennial census, shall apportion the state into sena- 
torial and representative districts agreeably to the provi- 
sions of the two next preceding sections." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Senatorial Districts. 



1 Section 3. The state shall be divided into fifty senatorial 

2 districts of compact and contiguous territory as nearly equal in 

3 population as may be, and each district shall be entitled to elect 

4 one senator. The senatorial ratio shall be obtained by dividing 

5 the whole population of the state, as ascertained by the most 

6 recent United States decennial census, by the number fifty. A 

7 county containing one or more ratios of population shall be en- 

8 titled to one senator for each ratio, and to an additional senator 



CONSTITUTIONAL AMENDMENT AND REVISION. 195 

Art. II, Sec. 4 

9 for an excess of population exceeding three-fifths of a ratio. No 

10 county shall form a separate district unless it shall contain four- 

11 fifths of a ratio, except where the adjoining counties are each 

12 entitled to one or more senators, when such county may be as- 

13 signed a senator on less than four-fifths and exceeding one-half 

14 of a ratio. No county shall be divided unless entitled to two or 

15 more senators. No city or county shall be entitled to separate 

16 representation exceeding one-sixth of the whole number of sen- 

17 ators. No ward, borough or township shall be divided in the 

18 formation of a district. 

Note. 
Source: Article II, section 16: 

"The state shall be divided into fifty senatorial districts 
of compact and contiguous territory as nearly equal in 
population as may be, and each district shall be entitled to 
elect one senator. Each county containing one or more 
ratios of population shall be entitled to one senator for each 
ratio, and to an additional senator for a surplus of popula- 
tion exceeding three-fifths of a ratio, but no county shall 
form a separate district unless it shall contain four-fifths 
of a ratio, except where the adjoining counties are each 
entitled to one or more senators, when such county may be 
assigned a senator on less than four-fifths and exceeding 
one-half of a ratio; and no county shall be divided unless 
entitled to two or more senators. No city or county shall 
be entitled to separate representation exceeding one-sixth 
of the whole number of senators. No ward, borough or town- 
ship shall be divided in the formation of a district. The 
senatorial ratio shall be ascertained by dividing the whole 
population of the state by the number fifty." 

Changes in Substance: None. 

Clarifying Changes: The words "as ascertained by the most 
recent United States decennial census" have been added to 
avoid any possibility of dispute in regard to the number of 
persons in the state, and also to make the provision in re- 
gard to senatorial districts correspond to the provisions 
of section 4 of this article, relating to the division of the 
state into representative districts. 

Changes in Style: The Commission's rules of style have heen 
followed. 



Representative Districts. 

1 Section 4. The members of the house of representatives shall 

2 be apportioned among the several counties, on a ratio obtained 

3 by dividing the population of the state as ascertained by the most 

4 recent United States decennial census by the number two hun- 



196 REPORT OF THE COMMISSION ON 

Art. II, Sec. 5 

5 dred. A county containing less than five ratios shall have one 

6 representative for each full ratio, and an additional representa- 

7 five when the excess exceeds half a ratio ; but each county shall 

8 have at least one representative. A county containing five ratios 

9 or more shall have one representative for each full ratio. A 

10 city, containing a population equal to a ratio shall elect sep- 

11 arately its proportion of the representatives allotted to the 

12 county in which it is located. A city entitled to more than four 

13 representatives and a county having over one hundred thousand 

14 inhabitants shall be divided into districts of compact and con- 

15 tiguous territory. A district shall elect its proportion of repre- 

16 sentatives according to its population, but no district shall elect 

17 more than four representatives. 

Note. 
Source: Article II, section 17: 

"The members of the house of representatives shall be 
apportioned among the several counties, on a ratio obtained 
by dividing the population of the state as ascertained by the 
most recent United States census by two hundred. Every 
county containing less than five ratios shall have one repre- 
sentative for every full ratio, and an additional representa- 
tive when the surplus exceeds half a ratio ; but each county 
shall have at least one representative. Every county con- 
taining five ratios or more shall have one representative for 
every full ratio. Every city containing a population equal 
to a ratio shall elect separately its proportion of the repre- 
. sentatives alloted to the county in which it is located. Every 
city entitled to more than four representatives, and every 
county having over one hundred thousand inhabitants shall 
be divided into districts of compact and contiguous territory, 
each district to elect its proportion of representatives ac- 
cording to its population, but no district shall elect more 
than four representatives. 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Qualifications of Members. 

1 Section 5. A senator shall be at least twenty-five years of 

2 age and a representative shall be at least twenty-one years of 

3 age. Each shall have been a citizen of the commonwealth and 

4 a resident of the state for four years and a resident of his dis- 

5 trict for one year next before his election, unless absent on the 

6 public business of the United States, of the state government or 

7 of a municipality of the commonwealth. He shall reside in his 

8 district during his term of service. 



CONSTITUTIONAL AMENDMENT AND REVISION. 197 

Art. II, Sec. 6 

Note. 
Source: Article II, section 5: 

"Senators shall be at least twenty-five years of age and 
representatives twenty-one years of age. They shall have 
been citizens and inhabitants of the state four years, and 
inhabitants of their respective districts one year next before 
their election (unless absent on the public business of the 
United States or of this state), and shall reside in their 
respective districts during their term of service." 

Changes in Substance: None. 

Clarifying Change: Under the present constitution it is not 
clear whether the absence on public business referred to in 
section 5 includes not only public business of the state gov- 
ernment, but also public business of a municipality. For in- 
stance, if a man had been for some years in Europe investi- 
gating highway conditions for the city of Pittsburgh, would 
he be eligible to the general assembly? The proposed form 
answers this question in the affirmative. 

Changes in Style: The Commission's rules of style have been 
followed. 



Election and Terms of Members. 

1 Section 6. Members of the general assembly shall be chosen 

2 at the general election. Their terms of service shall begin on 

3 the first day of December after their election. Senators shall 

4 serve for four years and representatives for two years. When a 

5 vacancy shall occur in either house, the presiding officer thereof 

6 shall issue a writ of election to fill such vacancy for the re- 

7 mainder of the term. 

Note. 
Source: (1) Article II, section 2: 

"Members of the general assembly shall be chosen at the 
general election every second year. Their term of service 
shall begin on the first day of December next after their 
election. Whenever a vacancy shall occur in either house, 
the presiding officer thereof shall issue a writ of election 
to fill such vacancy for the remainder of the term." 

(2) Article II, section 3: 

"Senators shall be elected for the term of four years and 
representatives for the term of two years." 

Changes in Substance: None. 

Changes in Style: The provisions of Article II, section 3 of the 
present constitution in regard to length of service have been 
incorporated in this section, so that all matters pertaining to 
terms shall be treated in one section. 



198 REPORT OF THE COMMISSION ON 

Art. II, Sees. 7, 8 

Compensation of Members. 

1 Section 7. The members of the general assembly shall receive 

2 salary and mileage for regular and special sessions as prescribed 

3 by law and no other compensation, whether for services upon 
•4 committee or otherwise. Xo member of the general assembly 

5 shall, during the term for which he has been elected, receive an 

6 increase of salary or mileage allowance under a law enacted dur- 

7 ing such term. 

Note. 
Source: Article II, section 8: 

"The members of the general assembly shall receive such 
salary and mileage for regular and special sessions as shal] 
be fixed by law, and no other compensation whatever, 
whether for services upon committee or otherwise. Xo mem- 
ber of either house shall during the term for which he may 
have been elected, receive any increase of salary, or mileage, 
under any law passed during such term." 

Changes in Substance: Xone. 

Changes in Style: The Commission's rules of style have been 
followed. 



Privileges of Members. 



1 Section 8. A member of the general assembly shall be privi- 

2 leged from arrest during attendance at the sessions thereof and 

3 in going to and returning from the same, except in cases of 

4 treason, felony, violation of his oath of office and breach or 

5 surety of the peace. For a speech or debate in the general as- 

6 sembly he shall not be questioned in any other place. 

Xote. 
Source: Article II, section 15: 

a The members of the general assembly shall in all cases, 
except treason, felony, violation of their oath of office, and 
breach or surety of the peace, be privileged from arrest dur- 
ing their attendance at the sessions of their respective houses 
and in going to and returning from the same; and for any 
speech or debate in either house they shall not be questioned 
in any other place." 

Changes in Substance: Xone. 

Changes in Style: The Commission's rules of style have been 
followed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 199 

Art. II, Sees. 9, 10 

Times of Sessions. 

1 Section 9. The general assembly shall meet at twelve o'clock 

2 noon, on the first Tuesday of January in each odd-numbered year 

3 and at other times when convened by the governor. It shall hold 

4 no adjourned annual session. 

Source: Article II, section 4: 

Note. 

"The general assembly shall meet at twelve o'clock, noon, 
on the first Tuesday of January every second year, and at 
other times when convened by the governor, but shall hold 
no adjourned annual session after the year one thousand 
eight hundred and seventy-eight. In case of a vacancy in 
the office of United States senator from this commonwealth, 
in a recess between sessions, the governor shall convene the 
two houses, by proclamation on notice not exceeding sixty 
days, to fill the same." 

Changes in Substance: The provisions of the 17th amendment 
of the constitution of the United States, providing for the 
election of United States senators by the people have ren- 
dered obsolete the provisions in Article II, section 4, of the 
.present constitution relating to convening the general as- 
sembly for the purpose of electing a United States senator 
and, therefore, they have been omitted. 

Changes in Style: "Every second year'' has been changed to 

a in each odd-numbered year 77 for the sake of exactness. 



Quorums. 

1 Section 10, In each house a majority of the members shall 

2 constitute a quorum. A smaller number may adjourn from day 

3 to day and compel the attendance of absent members. 

Note. 
Source: Article II, section 10. 

"A majority of each house shall constitute a quorum, but 
a smaller number may adjourn from day to day and compel 
the attendance of absent members." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



200 REPORT OF THE COMMISSION ON 

Art. II, Sees. 11, 12 

Powers of Each House. 

1 Section 11. Each house shall have power to make its rules 

2 of procedure, to judge of the election and qualifications of its 

3 members, to punish for contempt or disorderly behavior in its 

4 presence, to enforce obedience to its processes, to protect its 

5 members against violence, offers of bribes or private solicitation, 

6 and by a vote of two-thirds of the members, to expel a member, 

7 but not a second time for the same cause, and shall have all 

8 other powers necessary for the legislature of a free common- 

9 wealth. A member expelled for corruption shall not thereafter 

10 be eligible to either house. Punishment for contempt or dis- 

11 orderly behavior shall not bar an indictment for the same offense. 

Note. 
Source: (1) Article II, section 11: 

"Each house shall have power to determine the rules of its 
proceedings and punish its members or other persons for 
contemxDt or disorderly behavior in its presence, to enforce 
obedience to its process, to protect its members against vio- 
lence or offers of bribes or private solicitation, and with the 
concurrence of two-thirds, to expel a member, but not a 
second time for the same cause, and shall have all other 
powers necessary for the legislature of a free state. A 
member expelled for corruption shall not thereafter be 
eligible to either house, and punishment for contempt or 
disorderly behavior shall not bar an indictment for the 
same offense.' 7 

(2) Part of Article II, section 9: 

«* * * Each house shall * * * judge of the elec- 
tion and qualifications of its members." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Choice of Officers. 



1 Section 12. The senate shall, at the beginning and at the close 

2 of each regular session and at other necessary times, elect one of 

3 its members as president pro tempore. The house of representa- 

4 fives shall elect one of its members as speaker. Each house shall 

5 choose its other officers. 

Note. 
Source: Part of Article II, section 9: 

"The senate shall, at the beginning and close of each 
regular session and at such other times as may be necessary, 
elect one of its members president pro tempore, * * *. 



CONSTITUTIONAL AMENDMENT AND REVISION. 201 

Art. II, Sees. 13, 14 

The house of representatives shall elect one of its mem- 
bers as speaker. Each house shall choose its other officers, 
* * * jy 

Changes in Substance: None. 

Changes in Style: The reference to the duties of the president 
pro tempore of the senate has been omitted because covered 
by Article IV, section 15 of this article. 

(2) The provisions of the final clause have been trans- 
ferred to section 11 of this article. 



Officers and Employes. 

1 Section 13. The officers and employes of each house shall 

2 have active duties and shall be selected and compensated in 

3 pursuance of laws prescribing their number, duties and com- 

4 pensation. 

Note. 
Source: Article III, section 10: 

"The general assembly shall prescribe by law the number, 
duties and compensation of the officers and employes of 
each house, and no payment shall be made from the state 
treasury, or be in any way authorized, to any person, except 
to an acting officer or employe elected or appointed in pur- 
suance of law." 

Changes in Substance: None. 

Clarifying Changes: The language of the present constitution 
is ambiguous. Strictly interpreted, it would prevent pay- 
ing money out of the state treasury to anyone except to 
officers and employes of the two houses of the general as- 
sembly. The Commission have re-worded the section on 
the assumption that it is intended to prevent two things: 
(a) the appointment of a particular person by special law 
to a position in either house; (b) the appointment of and 
payment of salaries to inactive officers or employes of either 
house. 

Changes in Style: The Commission's rules of style have been 
followed. 



Journals. 

1 Section 14. Each house shall keep a journal of its proceed- 

2 ings, and shall publish so much thereof as shall not require 

3 secrecy. At the request of two members, the yeas and nays on 

4 a question shall be entered on the journal. 



202 REPORT OF THE COMMISSION ON 

Art. II, Sees. 15, 16 

Note. 
Source: Article II, section 12: 

"Each house shall keep a journal of its proceedings and 
from time to time publish the same, except such parts as 
require secrecy, and the yeas and nays of the members on 
any question shall, at the desire of any two of them, be en- 
tered on the journal." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Sessions to be Open. 

1 Section 15. The sessions of each house and of committees 

2 of the whole shall be open unless the business ought to be kept 

3 secret. 

Note. 
Source: Article II, section 13: 

"The sessions of each house and of committees of the 
whole shall be open, unless when the business is such as 
ought to be kept secret." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Adjournments. 

1 Section 16. Neither house shall, without the consent of the 

2 other, adjourn for more than three days, or to a place other 

3 than that in which the two houses shall be sitting. 

Note. 
Source: Article II, section 14: 

•'Neither house shall, without the consent of the other, 
adjourn for more than three days, nor to any other place 
than that in which the two houses shall be sitting." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 203 



Art. Ill, Sec. 1 



ARTICLE III. 



LEGISLATION. 

Preliminary Note. 

Source: Article III. 

Arrangement: The order of subjects is as follows: 

Bills— sections 1, 2, 3, 4, 5, 6, 7. 

Form of laws — sections 8, 9, 10, 11. 

Budget and appropriations — sections 12, 13, 14, 15, 16. 

Governor's approval and veto of bills — sections 17, 18. 

Time when laws shall take effect — section 19. 

Laws prohibited — section 20. 

Laws permitted — sections 21, 22. 

Laws directed to be enacted — sections 23, 24. 

Laws permitted at special sessions — section 25. 

Keferendum on law changing capital — section 28. 



Method of Enacting Laws. 
Section 1. Laws shall be enacted by bill only. 

Note. 
Source: Part of Article III, section 1: 

"No law shall be passed except by bill, * * *." 

Changes in Substance: None. 

Changes in Style: The last part of Article III, section 1, of 
the present constitution, referring to alteration and amend- 
ment of bills, has been transferred to section 5 of this 
article. 

The expression "laws shall be enacted" is employed 
throughout the constitution as proposed because it more 
accurately expresses the intended meaning. The general 
assembly passes a bill embodying a proposed law but the 
constitutional provisions in respect to the action of the gov- 
ernor on bills have to be fulfilled before a law is enacted. 



204 REPORT OF THE COMMISSION ON 

Art. Ill, Sees. 2, 3, 4 

Bills for Raising Revenue. 

1 Section 2. Bills for raising revenue shall originate in the 

2 house of representatives. The senate may propose amendments. 

Note. 
Source: Article III, section 14: 

"All bills for raising revenue shall originate in the house 
of representatives, but the senate may propose amendments 
as in other bills." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Printing and Reference of Bills. 

1 Section 3. Before consideration, a bill shall be referred to a 

2 committee, returned therefrom, and printed for the use of the 

3 members. 

Note. 
Source: Article III, section 2: 

"No bill shall be considered unless referred to a com- 
mittee, returned therefrom, and printed for the use of the 
members." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Member Interested in Bill Not to Vote. 

1 Section 4. A member of the general assembly who has a 

2 private interest in a measure or bill shall disclose the fact to 

3 the house of which he is a member, and shall not vote thereon. 

Note. 
Source: Article III, section 33: 

"A member who has a. personal or private interest in any 
measure or bill proposed or pending before the general as- 
sembly shall disclose the fact to the house of which he is 
a member, and shall not vote thereon." 

Changes in Substance: None. 



CONSTITUTIONAL AMENDMENT AND REVISION. 205 

Art III, Sec. 5 

Clarifying Change: The words "personal or" have been omitted 
because they do not help to express the plain meaning of the 
section. The distinction sought to be made is between pub- 
lic and private interests. A personal interest, as, for in- 
stance, a personal interest in a particular hospital seeking 
an appropriation, is not objectionable, and it was not the 
intent of the section that a member should expose such a 
personal interest to the house of which he is a member. 

Changes in Style: The Commission's rules of style have been 
followed. 



Amendments and Conference Committee. 

1 Section 5. An amendment to a bill shall be printed for the 

2 use of the members before the final vote is taken on the bill. 

3 An amendment by one house shall be concurred in by the other 

4 and a report of a committee of conference shall be adopted by 

5 either house only by the vote of a majority of the members taken 

6 by yeas and nays. The names of the members voting for and of 

7 those voting against such amendment or report shall be entered 

8 on the journal. A bill shall not be so altered or amended on its 

9 passage through either house as to change its original purpose. 

Note. 
Source: (1) Part of Article III, section 4: 

"* * * all amendments made thereto shall be printed 
for the use of the members before the final vote is taken on 
the bill." 

(2) Article III, section 5: 

"No amendment to bills by one house shall be concurred 
in by the other, except by the vote of a majority of the 
members elected thereto, taken by yeas and nays, and the 
names of those voting for and against recorded upon the 
journal thereof; and reports of committees of conference 
shall be adopted in either house only by the vote of a ma- 
jority of the members elected thereto, taken by yeas and 
nays, and the names of those voting recorded upon the jour- 
nals." 

(3) Part of Article III, section 1: 

"* * * no bill shall be so altered or amended, on its 
passage through either house, as to change its original pur- 
pose." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



206 REPORT OF THE COMMISSION ON 

Art. Ill, Sees. 6, 7 

Notice of Local or Special Bills. 

1 Section 6. At least thirty clays before the introduction of a 

2 local or special bill, notice of the intention to introduce the 

3 same shall be published in the locality where the matter or thing 

4 to be affected shall be situated. Xo such bill shall be .finally 

5 acted on by either house until the evidence of such notice having 

6 been published has been exhibited therein. Notice shall not be 

7 required of the intention to introduce a general bill for the re- 

8 peal of a local or special law. 

Note. 
Source: Article III, section 8: 

"No local or special bill shall be passed unless notice of 
the intention to apply therefore shall have been published 
in the locality where the matter or the thing to be affected 
may be situated, which notice shall be at least thirty days 
prior to the introduction into the general assembly of such 
bill and in the manner to be provided by law; the evidence 
of such notice having been published shall be exhibited in 
the general assembly before such act shall be passed." 

Changes in Substance: The provision that "Xotice shall not be 
required of the intention to introduce a general bill for the 
repeal of a local or special law" is new. The Commission 
regard the requirement in the present constitution, that 
notice of the intention to introduce a bill for the repeal of 
a local or special law shall be published in the locality 
affected, as unnecessary, and as most burdensome when the 
general assembly is asked to adopt a general revision or 
compilation of the laws on a particular subject including 
the repeal of all prior enactments, whether local or general, 
relating to the subject. 

Changes in Style: The section has been re-written so that the 
acts mentioned are stated in the order in which they are 
required to be done. 



Final Passage of Bills. 

1 Section 7. Before a bill shall be passed, it shall be read at 

2 length on three different days in each house ; on its final passage 

3 the vote shall be taken by yeas and nays, the names of the mem- 

4 bers voting for and of those voting against shall be entered on 

5 the journals, and a majority of the members elected to each 

6 house shall be recorded thereon as voting in its favor. 

Note. 

Source: Part of Article III, section 4: 

"Every bill shall be read at length on three different days 
in each house ; * * * " and no bill shall become a law, 



CONSTITUTIONAL AMENDMENT AND REVISION. 207 

Art. Ill, Sees. 8, 9 

unless on its final passage the vote* be taken by yeas and 
nays, the names of the persons voting for and against the 
same be entered on the journal, and a majority of the mem- 
bers elected to each house be recorded thereon as voting in 
its favor." 

Changes in Substance: None. 

Clarifying Change: The statement in the present constitution 
that "every bill shall be read at length on three different 
days" means that it must be so read before it can be passed. 
This is made clear in the proposed section. 

Changes in Style: The Commission's rules of style have been 
followed. 



Signing of Bills by Presiding Officers. 

1 Section 8. The presiding officer of each house shall, in the 

2 presence of the house over which he presides, sign bills and joint 

3 resolutions passed by the general assembly, after their titles have 
4z been publicly read immediately before signing. The fact of sign- 
5 ing shall be entered on the journal. 

Note. 
Source: Article III, section 9: 

"The presiding officer of each house shall, in the presence 
of the house over which he presides, sign all bills and joint 
resolutions passed by the general assembly, after their titles 
have been publicly read immediately before signing; and 
the fact of signing shall be entered on the journal." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



One Subject in Each Law. 

1 Section 9. A law shall contain only one subject. A general 

2 appropriation law, a codification, and a compilation or general 

3 revision of statutory law shall be deemed to contain only one 

4 subject. 

Note. 
Source: Part of Article III, section 3: 

"No bill, except general appropriation bills, shall be passed 
containing more than one subject * * V 

Changes in Substance: None. 



208 REPORT OF THE COMMISSION OX 

Art. Ill, Sec. 10 

Clarifying Change: The provision that a codification,, com- 
pilation or general revision shall be deemed to contain only 
one subject is inserted so as to clear the present uncertainty 
as to whether or not such laws contain more than one sub- 
ject. 

Changes in Style: The Commission's rules of style have been 
followed. 



Titles of Laws. 



1 Section 10. The subject of a law shall be clearly expressed in 

2 its title. A law may in the body thereof set forth a short title 

3 by which it may be cited. A law amending, reviving or extending 

4 a law shall set forth in its title the title or the short title of the 

5 law affected. 

Xote. 
Source: Part of Article III, section 3: 

"Xo bill * * * shall be passed containing more than 
one subject, which shall be clearly expressed in its title." 

Changes in Substance: (1) The second sentence is inserted so 
as to give constitutional sanction to a common and con- 
venient practice. 

(2) The purpose of the provisions of the final sentence 
is to give notice to persons interested of the effect of law 
upon existing laws specially affected. 

There is a distinction between an amendment and an ex- 
tension of an act. The former merges into the act to which 
it is an amendment, while an extending statute does not 
merge, but is a separate and independent enactment. Judge 
Endlich, in his ''Interpretation of Statutes," paragraph 196, 
lays down the rule that an amendment is so much an integral 
part of the original act and so complete is the merger that 
the repeal of the amendment does not revive, but carries 
down the portion of the original act amended, and vice versa, 
a repeal of such portion of the original act also repeals the 
amendment thereto. On the other hand, the Supreme Court 
in Wettling v. Kelley, 201 Pa. 12, decided that an amending 
act has no effect whatever on a prior act extending the pro- 
visions of the original act, nor has the repeal of such amend- 
ing act any effect upon the extending statute. 

Changes in Style: The section is practically new and has been 
written in accordance with the Commission's rule of style. 



CONSTITUTIONAL AMENDMENT AND REVISION. 209 

Art. Ill, Sees. 11, 12 

Form of Amending, Reviving or Extending Laws. 

1 Section 11. A law amending, reviving or extending a law or 

2 conferring the provisions thereof shall set forth in full the part 

3 of the law affected, and an amending law shall also set forth in 

4 full the part of the law affected as amended. 

Note. 
Source: Article III, section 6: 

"No law shall be revived, amended, or the provisions there- 
of extended or conferred, by reference to its title only, but 
so much thereof as is revived, amended, extended or con- 
ferred shall be re-enacted and published at length." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Budget and Appropriation Bills. 

1 Section 12. The governor shall submit to the general assembly 

2 a budget on or before March 1 of each year in which it shall 

3 be in regular session. The budget shall contain a complete plan 

4 of proposed appropriations and complete estimates of the reve- 

5 nues and funds available for appropriation for the two ensuing 

6 fiscal years, including appropriations for charitable, educational 

7 and benevolent purposes. In submitting proposals for appro- 

8 priations to charitable, educational or benevolent institutions 

9 not under the absolute control of the state government, the gov- 

10 ernor shall at the same time submit a plan of distribution among 

11 the classes of institutions to be benefited. 

12 When the governor presents the budget to the house of repre- 

13 sentatives, he shall submit a general appropriation bill contain- 

14 ing the proposed appropriations for the fiscal years covered by 

15 the budget and may also submit any bill embodying recommen- 

16 dations as to sources of revenue. 

17 The presiding officer of the house of representatives shall im- 

18 mediately cause such bills to be introduced. 

19 The general assembly may increase, decrease, strike out or 

20 otherwise alter any item in the general appropriation bill, or 

21 may add new items thereto. 

22 Until the general appropriation law has been enacted neither 

23 house shall consider an appropriation bill other than the general 

24 appropriation bill unless the appropriation shall be solely for 

25 the immediate needs of the general assembly or unless the gov- 

26 ernor shall request the general assembly to act upon the bill in 

27 advance of the general appropriation bill. 

28 After the general appropriation law has been enacted, no ap- 

29 propriation shall be made for any purpose, object or item in- 

14 



210 REPORT OF THE COMMISSION ON 

Art. Ill, Sec. 12 

30 eluded therein or in the general appropriation bill as submitted 

31 by the governor, unless the governor shall request the general 

32 assembly to pass a bill making such appropriation. 

33 The general assembly shall not finally adjourn for ten days 

34 after the general appropriation bill has been presented to the 

35 governor. 

Note. 

Source: This is entirely new matter and takes the place of the 
provisions of Article III, section 15 in the present con- 
stitution : 

"The general appropriation bill shall embrace nothing but 
appropriations for the ordinary expenses of the executive, 
legislative and judicial departments of the commonwealth, 
interest on the public debt and for public schools; all other 
appropriations shall be made by separate bills, each em- 
bracing but one subject." 

The Commonwealth of Pennsylvania has no budget sys- 
tem. At least forty-four of the states have such a system, 
either by statute or by constitutional requirement. 

The Commission have embodied in the proposed section 
the following fundamental principles of a practical budget 
system : 

(1) The governor is required to submit to the general 
assembly at each regular session a plan of proposed appro- 
priations and an estimate of revenues. 

(2) The governor is required at the same time to sub- 
mit a general appropriation bill covering all proposed ap- 
propriations and not simply those for the ordinary expenses 
of government as provided by Article III, section 15, of the 
present constitution. 

(3) The general assembly is required to consider this 
bill immediately and may alter it in any or every par- 
ticular. Until a general appropriation law has been enacted, 
the general assembly cannot consider any appropriation bill 
other than the general appropriation bill unless for the needs 
of the general assembly or at the special request of the gov- 
ernor. 

(4) After the general appropriation law has been en- 
acted, the matter covered by it cannot again be considered 
except at the special request of the governor. 

(5) The general assembly cannot adjourn for ten days 
after the general appropriation bill has been presented to 
the governor. This makes it impossible for the general as- 
sembly to lose its opportunity to pass the bill over the gov- 
ernor's veto. In other words,- it provides that both the gen- 
eral assembly and the governor must take a full share of 
the responsibility for the appropriation laws. 



CONSTITUTIONAL AMENDMENT AND REVISION. 211 

Art. Ill, Sec. 13 

Appropriations to Charitable and Educational Institutions. 

1 Section 13. An appropriation for charitable, educational or 

2 benevolent purposes may be made to a class of corporations, asso- 

3 ciations or institutions not under the absolute control of the 

4 state government, engaged in work or service for the public good, 

5 as such classes may be defined by law. Such work or service 

6 shall conform to standards of excellence prescribed by law or by 

7 an agency created by law. 

8 An appropriation to such a class shall be divided among its 

9 members in accordance with a plan uniform in its application 

10 to them, as prescribed by law. No law shall designate such a 

11 corporation, association or institution as the beneficiary of an 

12 appropriation. 

13 Each item containing such an appropriation shall be voted on 

14 separately in each house before final action is taken upon the 

15 bill unless it shall receive the support of two-thirds of the mem- 

16 bers elected. The votes of each house shall be taken by yeas and 

17 nays and the names of the members voting for and of those voting 

18 against the item shall be entered on the journal. 

19 Corporations, associations and institutions receiving such ap- 

20 propriations shall account therefor to the general assembly or 

21 to an agency prescribed by law and shall be subject to inspection 

22 by the state government. 

23 After the establishment of one or more state universities, no 

24 appropriation for an educational purpose shall be made by the 

25 state government to a corporation, association or institution, or 

26 to a class of corporations, associations or institutions, not under 

27 the absolute control of the state government or of a municipality. 

Note. 
Source: Article III, section 17: 

"No appropriation shall be made to any charitable or edu- 
cational institution not under the absolute control of the 
commonwealth, other than normal schools established by law 
for the professional training of teachers for the public schools 
of the state, except by a vote of two-thirds of all the mem- 
bers elected to each house." 

Changes in Substance: This is practically a new section. 

Upon the question whether private charity should receive 
state aid at all, the Commission is divided, but a majority 
favor giving such aid. 

The Commission is unanimously of the opinion that if such 
aid is to be given, it should be given in accordance with the 
system set forth in the proposed section. A survey of the 
commonwealth's charitable institutions and an impartial de- 
termination of their actual needs will place the whole matter 
of charitable appropriations upon a sounder basis than at 
present. 



212 REPORT OF THE COMMISSION ON 

Art. Ill, Sees. 14, 15 

Under Article III, section 15, of the present constitution, 
charitable appropriations are required to be by separate 
bills. The Commission are unanimously of the opinion that 
this system is inefficient and therefore undesirable. 

The special reference to normal schools in Article III, 
section 17, of the present constitution, has been omitted 
because all normal schools are now under the absolute con- 
trol of the commonwealth. 

Changes in Style: The Commission's rules of style have been 
followed. 



Appropriations to Denominational Institutions. 

1 Section 14. No appropriations shall be made for charitable, 

2 educational or benevolent purposes to any denominational or 

3 sectarian institution, corporation or association. 

Note. 
Source: Part of Article III, section 18: 

"No appropriations, * * .* shall be made for charit- 
able, educational or benevolent purposes * * * to any 
denominational or sectarian institution, corporation or 
association." 

Changes in Substance: None. 

Changes in Style: The substance of the clauses in section 18 
of the present constitution which refer to appropriations to 
persons or communities has been transferred) to sections 
15 and 16 of this article. The provisions in this section re- 
lating to appropriations to denominational and sectarian in- 
stitutions are taken verbatim from the present constitution. 



Certain Appropriations Permitted. 

1 Section 15. Appropriations may be made for the payment of 

2 pensions and gratuities for military services; for the payment 

3 of pensions for the retirement of classes of officers and employes 

4 of the state government and school districts; for the relief of 

5 persons or municipalities injured or damaged by surface subsi- 

6 dence resulting from past or future mining of anthracite coal; 

7 for relief consequent upon grave public disasters or calamities; 

8 for the payment to funds under public control for the benefit of 

9 classes of persons who are to be the recipients of public assis- 

10 tance; and for the payment of the debts of municipalities con- 

11 tracted to enable the commonwealth to repel invasion, suppress 

12 domestic insurrection or defend itself in time of war. ' 



CONSTITUTIONAL AMENDMENT AND REVISION. 213 

Art. Ill, Sec. 16 

Note. 
Source: Part of Article III, section 18: 

"No appropriations except for pensions for gratuities for 
military services shall be made for charitable, educational 
or benevolent purposes to any person or community * * *" 

Changes in Substance: (1) Provision validating payment of 
pensions for the retirement of officers and employes of the 
state government and school districts. Article III, section 
20, clause (o), would prevent an act giving a pension to a 
designated judge or other officer. 

(2) Provision validating appropriations for the relief of 
persons or municipalities hereafter injured or damaged by 
the surface subsidence resulting from the past or future 
mining of anthracite coal. 

Clarifying Changes: This section covers appropriations in the 
nature of gifts which would otherwise be held unconstitu- 
tional because of the provisions in the proposed section 16 
(Article III, section 18, of the present constitution, as 
quoted above). 

The final clause in regard to the debt of municipalities is 
inserted because of the provisions of Article VIII, section 8, 
as proposed (Article IX, section 9, of the present constitu- 
tion), prohibiting the state government from assuming the 
debt of a municipality except to enable the commonwealth 
to repel invasion, to suppress insurrection or to defend itself 
in war. If the state government can assume the debt of a 
municipality under certain circumstances, it must also be 
able to appropriate money to pay the debt. 

Changes in Style: The Commission's rules of style have been 
followed in the language of the section. 



Gratuities and Extra Compensation Forbidden. 

1 Section 16. Except as 'in this constitution expressly provided, 

2 no appropriation shall be made by the state government for 

3 charitable, benevolent or educational purposes to any person or 

4 community, and no law shall authorize a gratuity by the state 

5 government, give extra compensation after services have been 

6 rendered or contract made, or appropriate money to pay a claim 

7 against the commonwealth without previous authority of law. 

Note. 
Source: (1) Article III, section 11: 

"No bill shall be passed giving any extra compensation to 
any public officer, servant, employe, agent or contractor, 
after services shall have been rendered or contract made, 



2i4 REPORT OF THE COMMISSION ON 

Art. Ill, Sec. 17 

nor providing for the payment of any claim against the 
commonwealth without previous authority of law." 

(2) Part of Article III, section 18: 
"No appropriations, except for pensions or gratuities for 
military services, shall be made for charitable, educational or 
benevolent purposes, to any person or community * * *" 

Changes in Substance: None. 

Clarifying Changes: The language of Article III, section 18, 
of the present constitution, is ambiguous. It is not clear 
whether it is intended to prevent all gifts to persons or 
communities or simply to prevent appropriations to persons 
or communities to be used by them for charitable, educa- 
tional or benevolent purposes. 

The proposed section is drawn so as to cover both of these 
contingencies. 

Changes in Style: The Commission's rules of style have been 
followed. 



Approval and Veto by Governor. 

1 - Section 17, Every order, resolution or vote to which the con- 

2 currence of both houses shall be necessary, except on the question 

3 of adjournment or of agreement to an amendment to this consti- 

4 tution shall, if passed by the general assembly, be presented to 

5 the governor. If he approves it, he shall sign it and it shall then 

6 become a law. If he shall not approve it, he shall return it with 

7 his objections to the house in which it originated, which house 

8 shall enter the objections at large upon its journal. If, after re- 

9 consideration, two-thirds of the members elected to that house 

10 shall agree to pass the bill, it shall be sent with the governor's 

11 objections to the other house and if approved by two-thirds of 

12 the members elected to that house shall become law. The votes 

13 of each house shall be taken by yeas and nays and the names of 

14 the members voting for and of those voting against the bill shall 

15 be entered on the journal. 

16 If a bill shall not be returned by the governor within ten days 

17 after it has been presented to him, it shall become law unless the 

18 general assembly by its adjournment prevents its return. In case 

19 of such adjournment the bill shall become law unless within 

20 thirty days after adjournment the governor shall file it with his 

21 objections in the office of the secretary of the commonwealth and 

22 shall give notice thereof by public proclamation. 

Note. 
Source: (1) Article III, section 26: 

"Every order, resolution or vote, to which the concurrence 
of both houses may be necessary, except on the question of 
adjournment, shall be presented to the governor and before 



CONSTITUTIONAL AMENDMENT AND REVISION. 215 

Art. Ill, Sec. 18 

it shall take effect be approved by hini, or being disapproved, 
shall be repassed by two-thirds of both houses, according to 
the rules and limitations prescribed in case of a bill." 

(2) Article IV, section 15: 

"Every bill which shall have passed both houses shall be 
presented to the governor; if he approve it he shall sign it, 
but if he shall not approve it he shall return it with his 
objections to the house in which it shall have originated, 
which house shall enter the objections at large upon their 
journal, and proceed to reconsider it. If, after such recon- 
sideration, two-thirds of all the members elected to that 
house shall agree to pass the bill, it shall be sent with the 
objections to the other house by which likewise it shall be 
reconsidered, and if approved by two-thirds of all the mem- 
bers elected to that house it shall be a law; but in such 
cases the votes of both houses shall be determined by yeas 
and nays, and the names of .the members voting for and 
against the bill shall be entered on the journals of each 
house, respectively. If any bill shall not be returned by the 
governor within ten days after it shall have been presented 
to him, the same shall be a law in like manner as if he had 
signed it, unless the general assembly, by their adjournment, 
prevent its return, in which case it shall be a law, unless 
he shall file the same with his objections, in the office of the 
secretary of the commonwealth, and give notice thereof by 
public proclamation within thirty days after such adjourn- 
ment." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Approval and Veto of Appropriation Bills. 

1 Section 18. The governor may indicate his approval or dis- 

2 approval of an appropriation bill by signing or vetoing it as in 

3 the case of other bills. If he shall approve one or more items 

4 and shall disapprove or reduce one or more other items, he shall 

5 return the bill to the house in which it originated setting forth 

6 his reasons. The items which he approves shall become law. The 

7 items which he disapproves or reduces may be passed over his 

8 objections by separate action on each item in the manner pre- 

9 scribed for the passage of bills over his veto. Such items not 

10 nassed over his objections shall, in accordance with his recom- 

11 mendation, be stricken from the bill or shall become law as 

12 reduced by hiirv 



216 REPORT OF THE COMMISSION OX 

Art. Ill, Sec. 19 

Note. 

Source: Article TV, section 16: 

••The governor shall have power to disapprove of any item 
or items of any bill, making appropriations of money, em- 
bracing distinct items, and the part or parts of the bill 
approved shall be the law, and the item or items of appro- 
priation disapproved shall be void, unless repassed according 
to the rules and l im itations prescribed for the passage of 
other bills over the executive veto." 

Changes in Substance: In practice, under the present consti- 
tution, the governor pares down various items of appropria- 
tion after the adjournment of the general assembly. It will 
be noted that under section 12 of this article, as proposed, 
the general assembly cannot adjourn for ten days after the 
general appropriation bill has been submitted to the gover- 
nor. This obliges the governor either to approve or to dis- 
approve all items of. such a bill before adjournment of the 
general assembly and in case of his approval of all or part 
of an item, requires the general assembly, in turn, to recon- 
sider the matter and to decide whether or not to pass the 
item in spite of the governor's disapproval. 

Clarifying Change: It is . made clear that the governor can cut 
down a single appropriation: that he can. for example, send 
back to the general assembly an appropriation bill carrying 
fl00,000 to a class of hospitals with the statement that he 

approves it in the sum of |60,000. Under the present con- 
stitution, the governor's power to do this depends upon an 

opinion of the supreme court which gives to the word "item" 

the meaning of -'any fraction of a lump sum." I Common- 
wealth v. Barnett. 190 Pa. 161. 1 

Changes in Style: The Commission's rules of style have been 
followed: 



When Laws Shall Take Effect. 

1 Section 19. A law shall become effective on the first day of 

2 January after its enactment unless otherwise provided therein. 

Note. 

Source: This is entirely new matter. The Commission believe 
that in ordinary cases some time should elapse between the 
enactment of a law and the time when it becomes effective. 
so that the public will have an opportunity to learn its pro- 
visions and to accommodate themselves in advance to the 
changes contemplated. 



CONSTITUTIONAL AMENDMENT AND REVISION. 217 

Art. Ill, Sec. 20 

Local and Special Laws Forbidden. 

1 Section 20. No local or special law shall be enacted: 

2 (a) Eegulating the affairs of a municipality; 

3 (b) Changing the names of persons or places; 

4 (c) For the creation or regulation of highways, ferries or 

5 bridges, except bridges across streams which form state boun- 

6 daries ; 

8 (d) Regulating burial grounds or public grounds not belong- 

9 ing to the commonwealth; 

10 (e) Granting divorces or authorizing the adoption or legiti- 

11 mation of children; 

12 (f) Regulating elections, except that laws regulating the 

13 registration of electors may be applied to cities or boroughs of 

14 a specified class only; 

15 (g) Regulating the organization, jurisdiction and powers of 

16 courts of the same class or grade, judicial process, or the ad- 

17 ministration of justice; 

18 (h) Regulating liens, the collection of debts or the effect of 

19 judicial sales of real estate; 

20 (i) Regulating schools; 

21 (j) Fixing the rate of interest; 

22 (k) Regulating the estates of decedents, minors or persons 

23 under disability; 

24 (1) Regulating labor, trade, mining or manufacturing; 

25 (m) Creating corporations, or amending, renewing or extend- 

26 ing their charters; 

27 (n) Exempting property from taxation; 

28 (o) Granting a benefit, privilege or power. 

29 No local or special law shall be indirectly enacted by the 

30 partial repeal of a general law. Laws repealing local or special 

31 laws may be enacted. 

Note. 
Source: (1) Article III, section 7: 

"The general assembly shall not pass any local or special 
law: 

1 Authorizing the creation, extension or impairing of 

liens ; 

2 Regulating the affairs of counties, cities, townships, 

wards, boroughs or school districts; 

3 Changing the names of persons or places; 

4 Changing the venue in civil or criminal cases; 

5 Authorizing the laying out, opening, altering or main- 

taining, roads, highways, streets or alleys; 

6 Relating to ferries or bridges, or incorporating ferry or 

bridge companies, except for the erection of bridges 
crossing streams which form boundaries between 
this and any other state; 

7 Vacating roads, town plats, streets or alleys; 



218 REPORT OP THE COMMISSION ON 

Art. Ill, Sec. 20 

8 Kelating to cemeteries, graveyards, or public grounds 

not of the state; 

9 Authorizing the adoption or legitimation of children; 

10 Locating or changing county seats, erecting new counties 

or changing county lines; 

11 Incorporating cities, towns or villages, or changing their 

charters ; 

12 For the opening and conducting of elections, or fixing 

or changing the place of voting; 

13 Granting divorces; 

14 Erecting new townships or boroughs, changing township 

lines, borough limits or school districts; 

15 Creating offices, or prescribing the powers and duties 

of officers in counties, cities, boroughs, townships, 
election or school districts; 

16 Changing the law of descent or succession; 

17 Eegulating the practice or jurisdiction of, or changing 

the rules of evidence in, any judicial proceeding or 
inquiry before courts, aldermen, justices of the 
peace, sheriffs, commissioners, arbitrators, auditors, 

18 masters in chancery or other tribunals, or provid- 
ing or changing methods for the collection of debts, 
or the enforcing of judgments, or prescribing the 
effect of judicial sales of real estate; 

19 Regulating the fees, or extending the powers and duties 

of aldermen, justices of the peace, magistrates or 
constables ; 

20 Eegulating the management of public schools, the build- 

ing or repairing of school houses, and the raising 
of money for such purposes; 

21 Fixing the rate of interest; 

22 Affecting the estates of minors or persons under dis- 

ability, except after due notice to all parties in. 
interest, to be recited in the special enactment; 

23 Remitting fines, penalties, and forfeitures, or refunding 

moneys legally paid into the treasury; 

24 Exempting property from taxation; 

25 Regulating labor, trade, mining or manufacturing; 

26 Creating corporations, or amending, renewing or ex- 

tending the charters thereof; 

27 Granting to any corporation, association or individual 

any special or exclusive privilege or immunity, or 
to any corporation, association or individual the 
right to lay down a railroad track ; 

28 Nor shall the general assembly indirectly enact such 

special or local law by the partial repeal of a 
general law; but laws repealing local or special 
acts may be passed ; 

29 Nor shall any law be passed granting powers or privi- 

leges in any case where the granting of such powers 



CONSTITUTIONAL AMENDMENT AND REVISION. 219 

Art III, Sec. 20 

and privileges shall have been provided for by gen- 
eral law, nor where the courts have jurisdiction to 
grant the same or give the relief asked for." 

(2) Article VIII, section 7: 

"All laws regulating the holding of elections by the citi- 
zens or for the registration of electors shall be uniform 
throughout the state ; but laws regulating and requiring the 
registration of electors may be enacted to apply to cities 
only, provided that such laws be uniform for cities of the 
same class." 

(3) Part of Article V, section 26: 

"All laws relating to courts shall be general and of 
uniform operation, and the organization, jurisdiction and 
powers of all courts of the same class or grade, so far as 
regulated by law, and the force and effect of the process and 
judgment of such courts^ shall be uniform; * * *" 

Changes in Substance: (1) In clause (a) "a municipality" has 
been substituted for "counties, cities, townships, wards, bor- 
oughs or school districts." This makes the clause cover 
poor districts under the present organization of the state 
and cover also any other kind of municipality which may 
be created in the future. 

(2) In clause (f) boroughs as well as cities are included. 
There would appear to be no valid reason why the exception 
should not apply to boroughs as well as to cities. 

(3) Clause (i) takes the place of clause 20 in the present 
constitution, omitting the word "public" so that the section 
will apply also to private schools. 

(4) The exception in clause 22 in the present constitu- 
tion has been omitted. 

Clarifying Changes: Clause 16, of the present constitution, 
"changing the law of descent or succession" refers, strictly 
speaking, only to devolution of property in cases of intestacy. 
The Commission have assumed that it was intended to have 
a wider application and have therefore used in clause (k) 
the words "regulating the estates of decedents." 

Changes in Style: The section has been very considerably short- 
ened, without omitting any substantive provision. The fol- 
lowing analysis will show to which of the new clauses the 
substance of each of the clauses of the present constitution 
has been transferred. (The numerals refer to the number 
of the clauses in the present constitution.) 

1 to (h) 

2 to (a). The provisions of clauses 10, 11, 14, 15 and 19 
are also included in (a), since the phrase "affairs of a munici- 
pality" covers "whatever affects the interest or welfare of 
the inhabitants." (See opinions of the Supreme Court in 



220 REPORT OF THE COMMISSION ON 

Art. Ill, Sec. 20 

Morrison v. Bachert, 112 Pa. 322 ; Frost v. Cherry, 122 Pa. 
417; Sample v. Pittsburgh, 212 Pa. 533; Montgomery v. 
Commonwealth, 91 Pa. 125; In re Pottstown Borough, 117 
Pa. 538.) 

3 to (b) 

4 to (g) 

5 to (c). The words "laying out, opening, altering or 
maintaining" are included in the words "creation or regula- 
tion." The word "highways" has been used to cover the 
different kinds of highways named in the present constitu- 
tion. 

6 to (c). The words "relating to" have been included 
in the words "creation or regulation," which are more accur- 
ate. The clause "or incorporating ferry or bridge companies'-' 
has been omitted because included in clause (m). 

7 to (c). "Vacating" is included in the word "regula- 
tion." Specific reference to town plats has been omitted 
because vacating a town plat must have the effect either of 
regulating highways or of regulating the affairs of a munici- 
pality. In one event the situation is covered by clause (c) 
and in the other event by clause (a). 

8 to (d) 

9 to (e) 

10 to (a) 

11 to (a) 

12 to (f). The exception in (f) with respect to registra- 
tion laws is taken from Article VIII, section 7, of the present 
constitution. 

13 to (e) 

14 to (a) 

15 to (a) except that the reference to election districts 
is covered by (f). 

16 to (k) 

17 to (g). It will be noted that in the present clause 
the grammar is defective although the meaning is fairly 
clear. There is no such thing as "the practice of any judicial 
proceeding." The provisions of the first part of Article X, 
section 26, of the present constitution, are also included 

in (g). 

18 to (h). "The collection of debts" includes "the enforc- 
ing of judgments." 

19 to (g) 

20 to (i) 

21 to (j) 

22 to (k) 

23 to (o) 

24 to (o) 

25 to (1) 

26 to (m) 

27 to (o) 

28 to final unlettered paragraph. 

29 to section 26-D, of Article III. 



CONSTITUTIONAL AMENDMENT AND REVISION. 221 

Art. Ill, Sec. 21 

The language of clause 21 was probably intended to apply 
only to special benefits, powers and privileges, such, for in- 
stance, as the granting of a divorce. If this is the correct 
interpretation of the provision of the present constitution, 
it is included in clause (o), as proposed, which forbids a 
special law "granting a benefit, privilege or power." If the 
language quoted from the present constitution means more 
than this, the exact meaning is not clear to us. If it is in- 
tended to express the idea that a general law cannot grant a 
benefit, privilege or power which the courts are empowered 
to grant, it simply repeats the principle expressed in Article 
V, section 1, that "the judicial power of the commonwealth 
is vested" in the courts and cannot therefore be exercised 
by the law-making authority. If it is intended to prevent 
administrative officers from exercising concurrent jurisdic- 
tion with the courts, it can apply only to matters relating 
to "the conduct of elections" (Article V, section 19, as pro- 
posed; Article V, section 21, of the present constitution), 
since all other powers of the courts are necessarily exclusive 
because either judicial or appointive. 



Damages for Injuries. 

1 Section 21. Laws may be enacted requiring the payment by 

2 employers, or by employers and employes jointly, of reasonable 

3 compensation for injuries to employes arising in the course of 

4 their employment and for occupational diseases of employes, 

5 whether or not such injuries or diseases result in death and re- 

6 gardless of fault of employer or employe, fixing the basis of ascer- 

7 tainment of such compensation and its maximum and minimum 

8 limits, and providing special or general remedies for the collec- 

9 tion thereof. In no other case shall a limit be set by law upon 

10 the amount to be recovered for injuries to persons or property. 

11 In case of death from injuries, the right of action therefor shall 

12 survive and shall be exercised by persons as designated by law. 

Note. 
Source : Part of Article III, section 21 : 

"The general assembly may enact laws requiring the pay- 
ment by employers, or employers and employes jointly, of 
reasonable compensation for injuries to employes arising in 
the course of their employment, and for, occupational dis- 
eases of employes, whether or not such injuries or diseases 
result in death and regardless of fault of employer or em- 
ploye, and fixing the basis of ascertainment of such compen- 
sation and the maximum and minimum limits thereof, and 
providing special or general remedies for the collection 
thereof; but in no other cases shall the general assembly 



222 REPORT OF THE COMMISSION ON 

Art. Ill, Sec. 22 

limit the amount • to be recovered for injuries resulting in 
death, or for injuries to persons or property, and in case 
of death from such injuries, the right of action shall survive, 
and the general assembly shall prescribe for whose benefit 
such actions shall be prosecuted. * * *" (Amendment 
of November 2, 1915.) 

Changes in Substance: None. 

Changes in Style: The substance of the last sentence of Article 
III, section 21 of the present constitution, is transferred to 
Article IX, section 9-E, because in the constitution as pro- 
posed all provisions pertaining exclusively to corporations 
are placed under Article IX. 



Land Titles. 



1 Section 22. Laws may be enacted providing that the state 

2 government or the counties may register, transfer, insure or guar- 

3 antee titles to lands, and providing for the determination of 

4 interests in such lands and for the creation of indemnity funds. 

5 For such purposes courts may be established and judicial powers 

6 may be conferred upon officers of the state government or of the 

7 counties, subject to the right of appeal by the parties interested 
S to the courts. 

Xote. 

Source: Amendment of Xoveniber 2, 1915, which has no article 
or section number: 

"Laws may be passed providing for a system of registering, 
transferring, insuring of and guaranteeing land titles by the 
state, or by the counties thereof, and for settling and deter- 
mining adverse or other claims to and interest in lands the 
titles to which are so registered, transferred, insured and 
guaranteed; and for the creation and collection of indem- 
nity funds ; and for carrying the system and powers hereby 
provided for into effect by such existing courts as may be 
designated by the legislature, and by the establishment of 
such new courts as may be deemed necessary. In matters 
arising in and under the operation of such system, judicial 
powers, with right of appeal, may be conferred by the legis- 
lature upon county recorders and upon other officers by it 
designated. Such laws may provide for continuing the regis- 
tering, transferring, insuring, and guaranteeing such titles 
after the first or original registration has been perfected by 
the court, and provision may be made for raising the neces- 
sary funds for expenses and salaries of officers, which shall 
be paid out of the treasury of the several counties." 

Changes in Substance: Xone. 



CONSTITUTIONAL AMENDMENT AND REVISION. 223 

Art. Ill, Sees. 23, 24 

Changes in Style: The section has been considerably shortened 
by the elimination of unnecessary phrases. 



Militia. 

1 Section 23. Laws shall be enacted to provide for the arming, 

2 organization, maintenance and discipline of the citizens of the 

3 commonwealth for its defense. Persons having conscientious 

4 scruples against bearing arms may be exempted by law from mili- 

5 tary service. 

Note. 
Source: Article XX, section 1: 

"The freemen of this commonwealth shall be armed, organ- 
ized and disciplined for its defense when and in such man- 
ner as may be directed by law. The general assembly shall 
provide for maintaining the militia by appropriations from 
the treasury of the commonwealth, and may exempt from 
military service persons having conscientious scruples 
against bearing arms.' 7 

Changes in Substance: None. 

Changes in Style: In the constitution of 1874 this section for 
the first time appeared as a separate article, with one section. 
The Commission regard it as unnecessary to treat this sub- 
ject in a separate article because it can be completely dealt 
with in one section and because, in its general nature, it is 
like other provisions in Article III. The word citizen is em- 
ployed rather than freemen because all persons in this state 
are free. 

The language has been changed in accordance with the 
Commission's rules of stvle. 



Streams. 

1 Section 24. Laws shall be enacted to provide for maintaining 

2 the purity of streams. 

Note. 

Source: This is entirely new matter, inserted so as to impose 
upon the law-making power a constitutional mandate to 
perform what the Commission, consider a very important 
duty. 



224 REPORT OF THE COMMISSION ON 

Art. Ill, Sees. 25, 26 

Legislation at Special Sessions. 

1 Section 25. At a special session, there shall be no legislation 

2 upon subjects other than those designated in the proclamation 

3 of the governor calling such session. 

Note. 

Source: Article III, section 25: 

"When the general assembly shall be convened in special 
session, there shall be no legislation upon subjects other 
than those designated in the proclamation of the governor 
calling such session." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Change of Capital. 

1 Section 26, No law changing the location of the capital shalL 

2 be valid unless ratified by a majority of the electors of the 

3 commonwealth voting on the question. 

Note. 
Source: Article III, section 28: 

"No law changing the location of the capital of the state 
shall be valid until the same shall have been submitted to 
the qualified electors of the commonwealth at a general elec- 
tion and ratified and approved by them." 

Changes in Substance : None. 

Clarifying Change: It has been made clear that only a majority 
of the electors voting on the question, not a majority of all 
the electors who vote, must ratify the proposed law. 

Changes in Style: The Commission's rules of style have been 
followed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 225 



Art. IV, Sec. 1 

ARTICLE IV. 



THE EXECUTIVE. 



Preliminary Note. 
Source: Article IV. 

Arrangement: The order of subjects is as follows: 
Vesting of executive power — section 1. 
Governor— sections 2 to 12, inclusive. 
Lieutenant-Governor — section 13. 

Vacancy in office of governor or of lieutenant-governor — sec- 
tions 14, 15, 16. 
Secretary of the commonwealth — section 17. 
Secretary of internal affairs — section 18. 
Auditor general and state treasurer— section 19. 
State contracts — sections 20, 21. 
Seal and commissions — section 22. 



Executive Power. 



1 Section 1. The executive power of the commonwealth shall be 

2 'vested in a governor, a lieutenant-governor, a secretary of the 
8 commonwealth, an attorney general, an auditor general, a state 

4 treasurer, a secretary of internal affairs, a commissioner of edu- 

5 cation, and in other executive officers as prescribed by law. 

Note. 
Source: Article IV, section 1, which reads: 

"The executive department of this commonwealth shall 
consist of a governor, lieutenant-governor, secretary of the 
commonwealth, attorney general, auditor general, state 
treasurer, secretary of internal affairs and a superintendent 
of public instruction." 

Changes in Substance: The clause "other executive officers as 
prescribed by law" is new. It permits the creation of new 
executive departments co-ordinate with those specifically 
mentioned. The experience of the federal government shows 
that it is wise to allow for this kind of growth. 

Changes in Style: (1) The section is made to conform to the 
first sections of. the legislative and judicial articles by vest- 
ing the executive power of the commonwealth in certain 
officers, being all the executive officers named in the consti- 
15 



226 REPORT OF THE COMMISSION OX 

Art. IV, Sec. 2 

tution. and in "other executive officers as prescribed by law." 
The present constitution states that the executive department 
consists of certain officers. This is inaccurate, because the 
executive department or branch of the state government con- 
sists of all of its officers. 

(2) The title of superintendent of public instruction is 
changed to commissioner of education because a state council 
of education with a state commissioner of education as its 
chief executive officer is provided for in Article XI. section 2. 



Qualifications of Governor. 

1 Section 2. The governor shall be a citizen of the United States 

2 at least thirty years of age. He shall have been a resident of the 

3 state for seven years next preceding his election unless absent 

4 on the public business of the United States or of the state govern- 

5 ment. 

Note. 

Source: Article IV. section 5, which reads: 

"No person shall be eligible to the office of governor or 
lieutenant-governor except a citizen of the United States, 
who shall have attained the age of thirty years, and have 
been seven years next preceding his election an inhabitant 
of the state, unless he shall have been absent on the public 
business of the United States or of this state." 

Changes in Substance: Xone. 

Clarifying Change: Under the present constitution * it is not 
clear whether the absence on public business referred to in 
section 5 includes not only public business of the state gov- 
ernment, but also public business of a municipality. For 
instance, if a man had been for some years in Europe inves- 
tigating highway conditions for the city of Pittsburgh, would 
he be eligible to the governorship? The proposed form 
answers this question in the negative. 

Changes in Style: (1) The lieutenant governor is not men- 
tioned because his qualifications are covered by section 13 
of this article. 

(2 i ''Inhabitant''' is changed to the more common word 
"resident." The fourteenth amendment to the constitution 
of the United States makes all persons born or naturalized 
in the United States and subject to the jurisdiction thereof 
"citizens of the United States and of the state wherein they 
reside." Since it is intended that the governor should be 
not only a citizen of the United States, but also a citizen of 
the commonwealth, he should be required to reside in the 
state, so as to conform to the language of the federal con- 
stitution. 



CONSTITUTIONAL AMENDMENT AND REVISION. 227 

Art IV, Sees. 3, 4 

Election of Governor. 

1 Section 3. The governor shall be chosen by the electors of 

2 the commonwealth at the places where they shall vote for repre- 

3 sentatives. The returns of the election shall be sealed up and 

4 transmitted to the seat of government, directed to the president 

5 of the senate, who shall open and publish them in the presence 

6 of the members of both houses of the general assembly. The 

7 person having the highest number of votes shall be governor. If 

8 two or more shall have the same and the highest number of votes, 

9 one of them shall be chosen governor by the joint vote of the 
JO members of both houses. 

Note. 
Source: Part of Article IV, section 2, which reads: 

"* * *; he shall be chosen on the day of the general 
election, by the qualified electors' of the commonwealth, at 
the places where they shall vote for representatives. The 
returns of every election for governor shall be sealed up and 
transmitted to the seat of government, directed to the presi- 
dent of the senate, who shall open and publish them in the 
presence of the members of both houses of the general assem- 
bly. The person having the highest number of votes shall 
be governor, but if two or more be equal and highest in 
votes, one of them shall be chosen governor by the joint vote 
of the members of both houses. * * *" 

Changes in Substance: None. 

Changes in Style: (1) The reference to the general elections 
is omitted because covered by Article VIII, section 1, of the 
constitution as proposed. 

(2) The words "if two or more shall have the same and 
the highest number of votes" are substituted for the words 
"if two or more be equal and highest in votes," for the sake 
of more accurate English. 



Contested Election of Governor. 

1 Section 4. A contested election of a governor shall be deter- 

2 mined by a committee selected from both houses of the general 

3 assembly and formed and regulated as prescribed by law. 

4 The chief justice of the supreme court shall preside at the trial 

5 of such a contested election. He shall determine questions re- 
ft garding the admissibility of evidence and shall, upon request of 

7 the committee, pronounce his opinion upon others questions of 

8 law. 



228 REPORT 01 THE COMMISSION ON 

Art. IV, Sec. 5 

Note. 
Source: (1) Part of Article IV, section 2, as follows: 

"* * * Contested elections (governor and lieutenant- 
governor) shall be determined by a committee, to be selected 
from both houses of the general assembly, and formed and 
regulated in such manner as shall be directed by law." 

(2) Part of Article IV, section 17, which reads: 

"The chief justice of the supreme court shall preside upon 
the trial of any contested election of governor or lieutenant- 
governor, and shall decide questions regarding the admissi- 
bility of evidence, and shall, upon request of the committee, 
pronounce his opinion upon other questions of law involved 
in the trial * * *. 

Changes in Substance: None. 

Changes in Style: (1) The reference to the lieutenant-governor 
in Article IV, section 2 of the present constitution, is 
omitted because covered by section 13. 

(2) The last sentence of Article IV, section 17, of the 
present constitution, is transferred to Article IV, section 5, 
of the constitution as proposed, thus leaving this section to 
deal only with contested elections. 



Term of Governor. 



1 Section 5. The governor shall hold office for four years from 

2 the third Tuesday of January succeeding his election or until 

3 his successor shall qualify. A person elected governor shall not 

4 be eligible for the succeeding term. 

Note. 
Source: (1) Article IV, section 3, which reads: 

"The governor shall hold his office during four years from 
the third Tuesday of January next ensuing his election, and 
not be eligible to the office for the next succeeding term." 

(2) Part of Article IV, section 17, as follows: 

". . . The governor and lieutenant-governor shall exer- 
cise the duties of their respective offices until their successors 
shall be duly qualified." 

Changes in Substance: None. 

Clarifying Changes: In the second sentence the words "A per- 
son elected governor" are used so as to make it clear that a 
lieutenant-governor who has discharged the duties of gover- 
nor because of the governor's death or disability may never- 
theless be elected governor at the next gubernatorial election. 



CONSTITUTIONAL AMENDMENT AND REVISION. 229 

Art. IV, Sees. 6, 7, 8 

Changes in Style: The reference to the lieutenant-governor, in 
Article IV, section 17, of the present constitution, is omitted 
because covered by section 13. 



Supreme Executive Pov/er. 

1 Section 6. The supreme executive power shall be vested in 

2 the governor, who shall take care that the laws be faithfully 

3 executed. 

Note. 
Source: The first clause of Article IV, section 2: 

"The supreme executive power shall be vested in the gover- 
nor, who shall take care that the law be faithfully executed ; 

-» * * jj 

Changes in Substance: None. 

Changes in Style: The wording of the present constitution is 
copied verbatim. 



Military Power. 

1 Section 7. The governor shall be the commander-in-chief of 

2 the army and navy of the commonwealth, and of the militia, 

3 except when they shall be called into the service of the United 

4 States. 

Note. 
Source: Article IV, section 7, which reads: 

"The governor shall be commander-in-chief of the army 
and navy of the commonwealth, and of the militia, except 
when they shall be called into the actual service of the 
United States," 

Changes in Substance: None. 

Changes in Style: The word "actual" is omitted because it adds 
nothing to the meaning. 



Appointing Power. 



1 Section 8. The governor shall appoint a secretary of the com- 

2 monwealth, an attorney general, a secretary of internal affairs 

3 and a commissioner of education, to serve during his* pleasure, 

4 and other officers as prescribed by law. 



230 REPORT OF THE COMMISSION ON 

Art. IV, Sec. 8 

5 When the senate is in regular session, the governor shall exer- 

6 else the power to appoint an officer only after nomination to the 

7 senate and by arid with the advice and consent of a majority of 

8 its members, except where he shall appoint to fill a vacancy oc- 

9 cur ring within ten days before final adjournment of the session. 

10 The governor may fill by appointment a vacancy in an office 

11 to which he may appoint. If he shall appoint to an appointive 

12 office during a recess of the senate or to fill a vacancy occurring 

13 within ten days before final adjournment of a regular session 

14 thereof, such appointment shall be valid until the end of the 

15 next regular session of the senate, and the person so appointed 

16 shall be deemed to have been rejected by the senate at such 

17 session unless nominated by the governor and confirmed by the 

18 senate. 

19 The governor may fill by appointment a vacancy in the office 

20 of auditor general or of state treasurer and in any other elective 

21 office which he may be authorized to fill. Such vacancy shall be 

22 filled by election on the next election day appropriate to the 

23 office which shall fall not less than sixty days after the occur- 

24 rence of the vacancy. Such appointee shall serve until the person 

25 so elected shall take office as prescribed by law. 

26 If a power of appointment to an appointive or elective office 

27 shall arise during a session of the senate and not within ten days 

28 before final adjournment, the governor shall, at such session, 

29 nominate a proper person for the office. If a power of appoint- 

30 ment to an appointive office shall arise within ten days before 

31 final adjournment of a session of the senate or during a recess 

32 of the senate, he shall, at the next session of the senate nominate 

33 a proper person for the office. In either case, if the senate shall 

34 reject a nomination and shall notify the governor that it will 

35 not adjourn within ten days, he shall nominate another person 

36 for the office. If he shall fail to nominate as herein required, he 

37 may not appoint to the office except after nomination to the 

38 senate and by and with the advice and consent of a majority 

39 of its members. 

40 If the nomination of a person to an office shall be rejected by 

41 the senate he shall not be appointed to such office before the next 

42 session of the senate. 

43 In acting on executive nominations, the senate shall sit with 

44 open doors. The vote shall be taken by yeas and nays and shall 

45 be entered on the journal. 

Note. 
Source: (1) Article IV, section 8, which reads: 

"He shall nominate and, by and with the advice and con- 
sent of two-thirds of all the members of the senate, appoint 
a secretary of the commonwealth and an attorney general 
during pleasure, a superintendent of public instruction for 
four years, and such other officers of the commonwealth as 
he is or may be authorized by the constitution or by law 
to appoint; he shall have power to fill all vacancies that 



CONSTITUTIONAL AMENDMENT AND REVISION. 231 

Art. IV, Sec. 8 

may happen, in offices to which he may appoint, during the 
recess of the senate, by granting commissions which shall 
expire at the end of their next session; he shall have power 
to fill any vacancy that may happen, during the recess of 
the senate, in the office of auditor general, state treasurer, 
secretary of internal affairs or superintendent of public in- 
struction, in a judicial office, or in any other elective office 
which he is or may be authorized to fill ; if the vacancy shall 
happen during the session of the senate, the governor shall 
nominate to the senate, before their final adjournment, a 
proper person to fill said vacancy; but in any such case of 
vacancy, in an elective office, a person shall be chosen to 
said office on the next election day appropriate to such office 
according to the provisions of this constitution, unless the 
vacancy shall happen within two calendar months immedi- 
ately preceding such election day, in which case the election 
for said office shall be held on the second succeeding elec- 
tion day appropriate to such office. In acting on executive 
nominations the senate shall sit with open doors, and in 
confirming or rejecting the nominations of the governor, the 
vote shall be taken by yeas and nays and shall be entered on 
the journal." (Amendment of November 2, 1909.) 

(2) Article V, section 25, which reads: 

"Any vacancy happening by death, resignation or other- 
wise, in any court of record, shall be filled by appointment 
by the governor, to continue till the first Monday of January 
next succeeding the first general election, which shall occur 
three or more months after the happening of such vacancy." 

Changes in Substance: (1) The secretary of internal affairs 
is to be appointed by the governor, and not elected as at 
present. His election is by inference a constitutional man- 
date, since in Article IV. section 8, of the present constitu- 
tion, above quoted, he is placed in a list ending with the 
words "or in any other elective office." The Commission 
believe that he should be appointed because he is simply 
a subordinate executive officer having the same relation to 
the governor as the attorney general or the secretary of the 
commonwealth. The state treasurer and auditor general 
are in a very different position because of their financial 
responsibilities. 

(2) A majority of the members of the senate is required 
to consent to appointments, instead of two-thirds, as here- 
tofore. The Commission believe that to require consent of 
two-thirds is to increase the probability of deadlocks and 
that the majority rule, as established by Article II, section 
2, of the constitution of the United States, is better. 

(3) New provisions have been introduced so as to carry 
into effect the principle that the governor should, so far as 
possible, obtain the consent of the senate to all appointments. 



232 REPORT OF THE COMMISSION OK f 

Art IV, Sec. 8 

The operation of these provisions can best be explained by 
the following illustrations: 

(a) The secretary of the commonwealth dies while the 
senate is in recess. The governor immediately appoints A 
to fill the vacancy. During its next session the senate re 
fuses to consent to the appointment of A. 

Under the present constitution the governor can wait 
until the end of the session and can then reappoint A for 
two more years. Under the proposed new section (lines 40 
to 42) the governor could not appoint a person who had 
been so rejected. 

(b) A vacancy is filled as in (a). During the next ses- 
sion of the senate the governor fails to send in any nomina- 
tion for the office. 

Under the present constitution he can wait until the end 
of the session and can then reappoint A or appoint B. Under 
the proposed new section he would lose his power of appoint- 
ment by the provisions of lines 36 to 39. 

(c) A vacancy is filled as in (a). During the next ses- 
sion of the senate the governor sends several nominations 
to the senate, but does not nominate A. All the nominations 
are rejected. 

Under the present constitution, the governor can wait 
until the end of the session and can then reappoint A. Under 
the proposed new section he could not do this, because by 
lines 40 to 42, A would be in the position of a rejected 
nominee. 

(d) Under the present constitution, if the secretary of 
the commonwealth dies just before the senate convenes, it 
is doubtful whether the governor can wait until after the 
senate convenes and then appoint a successor without the 
senate's consent. Probably he cannot. 

In the proposed section it is made clear that the governor 
must try to obtain the consent of the senate if the appoint- 
ment is made or the vacancy occurs during a session of the 
senate and that in either case he cannot after adjournment 
appoint a person rejected by the senate. 

(4) In paragraph 4, line 23, "two calendar months" has 
been changed to "sixty days." 

(5) In paragraph 4, the provision in the present consti- 
tution, Article V, section 25, that the appointee of the gover- 
nor to a judicial vacancy shall hold office until the first 
Monday in January next preceding the first general election 
has been changed, for the sake of uniformity with the provi- 
sions relating to other appointees of the governor, to the 
provision that such appointee shall serve until the person 
elected to the vacancy shall take office as prescribed by law. 

(6) It is provided (lines 20 to 24) that judicial vacancies 
("any other elective office which he may be authorized to 
fill")' shall be filled by election on the next appropriate elec- 
tion day falling not less than sixty days after the occurrence 



CONSTITUTIONAL AMENDMENT AND REVISION. 233 

Art. IV, Sec. 9 

of the vacancy. The time limit set by the present constitution 
(Article IX, section 25) is three months. The change is in 
the interest of uniformity and to avoid the conflict now 
existing between Article IV, section 8, and Article V, section 
25, of the present constitution. 

(7) In the present constitution there is no express state- 
ment as to the duration of an appointment to an elective 
office. In the proposed new section it is provided (lines 24 
and 25) that such an appointment shall be valid until the 
person elected to fill the vacancy shall take office. 

Changes in Style : The provisions of the section have been 
arranged as follows: 

(a) Duty to appoint constitutional officers. 

(b) Duty to obtain consent of senate if in session. 

(c) Vacancies in appointive offices. 

(d) Vacancies in elective offices. 

(e) Duty to obtain consent of senate in all cases so far 

as possible. 

(f) Disqualification of a rejected nominee. 

(g) Procedure of senate. 



Pardoning Power. 

1 Section 9. The governor may remit fines and forfeitures, and 

2 may grant reprieves, commutations of sentence and pardons, 

3 except in cases of impeachment. He shall commute a sentence 

4 or grant a pardon only on the recommendation in writing of 

5 the lieutenant-governor, the secretary of the commonwealth, the 

6 attorney general and the secretary of internal affairs, or for any 

7 three of them, after full hearing, upon due public notice and in 

8 open session. Such recommendation, with the reasons therefor 

9 at .length, shall be recorded and filed in the office of the secretary 
10 of the commonwealth. 

Note. 
Source: Article IV, section 9, which reads: 

"He shall have power to remit fines and forfeitures, to 
grant reprieves, commutations of sentence and pardons, ex- 
cept in cases of impeachment; but no pardon shall be 
granted, nor sentence commuted, except upon the recom- 
mendation in writing of the lieutenant-governor, secretary 
of the commonwealth, attorney general and secretary of in- 
ternal affairs, or any three of them, after full hearing, upon 
due public notice and in open session, and such recommenda- 
tion, with the reasons therefor at length, shall be recorded 
and filed in the office of the secretary of the commonwealth." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



234 REPORT OF THE COMMISSION ON 

Art. IV, Sees. 10, 11, 12 

Power to Require Information. 

1 Section 10. The governor may require information in writing 

2 from the executive officers of the state government with respect 

3 to their duties. 

Note. 
Source : Article IV, section 10, which reads : 

"He may require information in writing from the Officers 
of the executive department, upon any subject relating to 
the duties of their respective offices." 

Changes in Substance: None. 

Changes in Style: "Executive officers of the state government" 
has been used because the word "department" has been em- 
ployed to mean a principal sub-division of the executive 
branch of the government. 



Duty to Inform General Assembly. 

1 Section 11 . The governor shall, from time to time, give to the 

2 general assembly information of the state of the commonwealth, 

3 and shall recommend to its consideration such measures as he 

4 may judge expedient. 

Note. 
Source: Article IV, section 11, which reads: 

"He shall, from time to time, give to the general assembly 
information of the state of the commonwealth, and recom- 
mend to their consideration such measures as he may judge 
expedient." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Power to Adjourn or Convene General Assembly. 

1 Section 12. The governor, in case of disagreement between 

2 the two houses of the general assembly with respect to the time 

3 of adjournment, may adjourn them to such time as he may think 

4 proper not exceeding four months. He may on extraordinary oc- 

5 casions convene, by proclamation, the general assembly and he 

6 may convene, by proclamation, the senate for the transaction of 

7 executive business. 



CONSTITUTIONAL AMENDMENT AND REVISION. 235 

Art. IV, Sec. 13 

Note. 

Source: Article IV, section 12, which reads: 

"He may, on extraordinary occasions, convene the general 
assembly, and in case of disagreement between the two 
houses with respect to the time of adjournment, . adjourn 
them to such time as he shall think proper, not exceeding 
four months. He shall have power to convene the senate in 
extraordinary session by proclamation for the transaction 
of executive business." 

Changes in Substance: None. 

Clarifying Change: The language of the present constitution 
suggests that the governor can only adjourn the general 
assembly if the two houses fail to agree upon the time of ad- 
journing a special session. The principle that the governor's 
power extends to regular as well as special sessions is made 
clear in the section as proposed. 

Changes in Style: The Commission's rules of style have been 
followed. 



Lieutenant-Governor. 

1 Section 13. The lieutenant-governor shall have the same quali- 

2 fications and shall be chosen at the same time, in the! same 

3 manner, and for the same term as the governor. He shall not 

4 be eligible to the office of lieutenant-governor for the succeeding 

5 term. A contested election of lieutenant-governor shall be con- 

6 ducted in the same manner as a contested election of governor. 

7 The lieutenant-governor shall be president of the senate, but 

8 shall have no vote unless the senate be equally divided. 

Source: (1) Article IV, section 4: 

"A lieutenant-governor shall be chosen at the same time, 
in the same manner, for the same term, and subject to the 
same provisions as the governor; he shall be president of 
the senate, but shall have no vote unless they be equally 
divided." 

(2) Article IV, section 17, relative to contested elections, 
which has been transferred to Article IV, section 4 as pro- 
posed, omitting reference to the lieutenant-governor, has, in 
the section here proposed been expressly applied to the lieu- 
tenant-governor. 

Changes in Substance: None. 

Changes in Style: The requirement of Article IV, section 4, of 
the present constitution, that the lieutenant-governor shall 
be "subject to the same provisions as the governor" refers 
only to his ineligibilty to re-election and to the method of 



236 REPORT OF THE COMMISSION ON 

Art. IV, Sec. 14 

determining a contested election. Both, have been expressly 
covered by the proposed new section and the indefinite 
phrase, "subject to the same provisions/' has been dropped. 



Succession to Governorship. 

1 Section 14. If the office of governor shall be vacant the lieu- 

2 tenant-governor shall become governor. If the governor shall 

3 fail to qualify or shall be under a disability, the powers, duties 

4 and emoulments of his office until the end of the governor's term 

5 or until he shall qualify or his disability shall be removed shall 

6 devolve on the lieutenant-governor, or, if his office shall be vacant 

7 or he shall be under a disability, then the president pro tempore 

8 of the senate, or if his office shall be vacant or he shall be under 

9 a disability, then on a person elected by a majority of the mem- 

10 bers of the general assembly. For the purpose of such election, 

11 the general assembly may convene in special session without a 

12 proclamation of the governor upon a call signed by five members 

13 of each house. 

Note. 
Source: (1) Article IV, section 13: 

"In case of the death, conviction on impeachment, failure 
to qualify, resignation, or other disability of the governor, 
the powers, duties and emoluments of the office, for the re- 
mainder of the term, or until the disability be removed, 
shall devolve upon the lieutenant-governor." 

(2) Part of Article IV, section 14: 

"In case of a vacancy in the office of lieutenant-governor, 
or when the lieutenant-governor shall be impeached by the 
house of representatives or shall be unable to exercise the 
duties of his office, the powers, duties and emoluments there- 
of for the remainder of the term or until the disability be 
removed shall devolve upon the president pro tempore of 
the senate, and the president pro tempore of the senate shall 
in like manner become governor if a vacancy or disability 
shall occur in the office of governor: * * *." 

Changes in Substance: The section as proposed provides a 
method of filling a vacancy in the office of governor or of 
providing for the governor's disability, in case there is a 
vacancy in the office of the governor or the governor is under 
a disability and at the same time there exists a vacancy in 
the office of lieutenant-governor or the lieutenant-governor is 
under a disability, and also, there is a vacancy in the office 
of president pro tempore or he is under a disability. 



CONSTITUTIONAL AMENDMENT AND REVISION. 237 

Art. IV, Sec. 15 

Clarifying Changes: The section as proposed makes it clear that 
if the office of governor becomes vacant, the lieutenant-gov- 
ernor or the president pro tempore of the senate, becomes 
governor and not merely acting governor; while, if the 
governor fails to qualify or is under a disability the lieuten- 
ant-governor, or the president pro tempore of the senate, does 
not become governor but merely exercises the power of gov- 
ernor until the disability is removed or the governor's term 
expires. 

Changes in Style: Instead of enumerating the causes of a 
vacancy, they have all been expressed in the clause, "if the 
office of the governor shall be vacant." 



Succession in Lieutenant-Governorship. 

1 Section 15. If the office of lieutenant-governor shall be vacant 

2 or if he shall fail to qualify or shall be absent or under a disa- 

3 bility, the powers, duties and emoluments of his office shall de- 

4 volve on the president pro tempore of the senate, until the end 

5 of his term or until he shall qualify or return or his disability 

6 shall be removed. In such event the seat in the senate of the 

7 president pro tempore of the senate shall become vacant. 

Note. 
Source: Article IV, section 14: 

"In case of a vacancy in the office of lieutenant-governor, 
or when the lieutenant-governor shall be impeached by the 
house of representatives, or shall be unable to exercise the 
duties of his office, the powers, duties and emoluments 
thereof for the remainder of the term, or until the disability 
be removed, shall devolve upon the president pro tempore of 
the senate ; and the president pro tempore of the senate shall 
in like manner become governor if a vacancy or disability 
shall occur in the office of governor; his seat as senator 
shall become vacant whenever he shall become governor, and 
shall be filled by election as any other vacancy in the 
senate." 

Changes in Substance: The contingency of failure to qualify 
has been specially mentioned so that if a person elected 
lieutenant-governor shall die before qualifying the duties of 
the lieutenant-governor will be exercised by the president 
pro tempore of the senate and not by the preceding lieuten- 
ant-governor who, by Article IV, section 17 of the present 
constitution, would hold office until his successor qualified. 

Changes in Style: The causes of a vacancy have all been ex- 
pressed in the clause "If the office of lieutenant-governor 
shall be vacant." 



238 REPORT OF THE COMMISSION ON 

Art. IV, Sees. 16, 17 

Determination of Disability. 

1 Section 16. The fact of disability of the governor, or of the 

2 lieutenant-governor, or of a person upon whom the powers and 

3 duties of either office would otherwise devolve, shall be deter- 

4 mined only by the supreme court on the address of the general 

5 assembly, agreed to by a majority of the members of each house, 

6 or, if the general assembly be not in session, on the written ad- 

7 dress of such majority. 

Note, 

Source: This is entirely new matter. It covers the situation 
which would arise if a governor or a lieutenant-governor 
should have a prolonged illness or should temporarily or 
permanently lose his mind. * 

Under the present constitution, any executive officer ex- 
cept the governor, the lieutenant-governor and the superin- 
tendent of public instruction, could be removed, in such a 
contingency, either by the appointing power or by the gov- 
ernor upon address of two-thirds of the senate (Article VI, 
section 4), and a judge not a member of the supreme court 
could be removed by the governor on the address of two- 
thirds of each house of the general assembly (Article V, 
section 15). The Commission propose an appointed com- 
missioner of education instead of the superintendent of 
public instruction (see Article IV, section 8 and Article X, 
section 1). This leaves only the governor, the lieutenant- 
governor and the justices of the supreme court for whose 
removal no method is now provided except impeachment. 

It is therefore important that there should be lodged in 
a permanent body the power to determine whether or not 
the disability of the governor or of the lieutenant-governor 
is such as to justify filling the office with another person. 
The disability of a supreme court justice cannot well be 
determined by his associates. Such disability impairs only 
one of a body of seven men. It therefore seems best not to 
attempt to provide for a determination of the fact of disa- 
bility of a supreme court justice. 



Secretary of the Commonwealth. 

1 Section 17. The secretary of the commonwealth shall keep a 

2 record of the official acts and proceedings of the governor, and 

3 perform other duties as prescribed by law. He may be required 

4 by either house of the general assembly to exhibit his record with 

5 the papers, minutes and vouchers relating thereto. 



CONSTITUTIONAL AMENDMENT AND REVISION. 239 

Art. IV, Sees. 18, 19 

Note. 
Source: Article IV, section 18: 

"The secretary of the commonwealth shall keep a record 
of all official acts and proceedings of the governor, and when 
required lay the same, with all papers, minutes and vouchers 
relating thereto, before either branch of the general assembly, 
and perform such other duties as may be enjoined upon him 
by law." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Secretary of Internal Affairs. 

1 Section IS. Until otherwise prescribed by law, the secretary 

2 of internal affairs shall exercise the powers and perform the 
8 duties prescribed by law when this constitution becomes effective. 
4 His department shall embrace a bureau of industrial statistics. 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Auditor General and State Treasurer. 

1 Section 19. The auditor general and the state treasurer shall 

2 be chosen by the electors of the commonwealth. Each shall 

3 hold his office for four years and neither shall be eligible for 

4 the succeeding term. 

Note. 
Source: Article IV, section 21: 

"The terms of the secretary of internal affairs, the auditor 
general, and the state treasurer shall each be four years; 
and they shall be chosen by the qualified electors of the state 
at general elections, but a state treasurer, elected in the year 
one thousand nine hundred and nine, shall serve for three 
years, and his successors shall be elected at the general 
election in the year one thousand nine hundred and twelve, 
and in every fourth year thereafter. No person elected to 
the office of auditor general or state treasurer shall be cap- 
able of holding the same office for two consecutive terms." 
(Amendment of November 2, 1909.) 

Changes in Substance : The secretary of internal affairs is omit- 
ted 1 because it is recommended that his office be made ap- 
pointive. See note to Article IV, section 8 as proposed. 



240 REPORT OF THE COMMISSION ON 

Art. IV, Sees. 20, 21 

Changes in Style: The words "at general elections" are omitted 
because this requirement is stated in Article VII, section 1 
as proposed. 



State Contracts. 



1 Section 20. No member of the general assembly or officer or 

2 employe of the state government shall be interested in a contract 

3 with the state government, or in furnishing thereto materials 

4 or supplies. 

Note. 
Source: Part of Article-JII, section 12: 

"* * * no member or officer of any department of the 
government shall be in any way interested in such contracts" 
(contracts for stationery, printing, paper and fuel used in 
the legislative and other department of the state government, 
for printing and binding and for repairing and furnishing 
the halls and rooms used by the general assembly and its 
committees) "* * V 

Changes in Substance: The section proposed extends the prin- 
ciple that an officer shall not be interested in contracts with 
the state government to all contracts for the selling or leas- 
ing of property or in rendering to the state government for 
compensation services other than official services. The pres- 
ent constitution merely prevents the officer having an 
interest in contracts for printing and binding for the state 
government and supplying furnishings and fuel for the capi- 
tol buildings, repairs thereto and paper and stationery for 
the state government. 

The section as proposed extends the prohibition to all em- 
ployes of the state government as well as to all officers. The 
present constitution confines the prohibition to officers. 



Public Printing and Supplies. 

1 Section 21. The printing and binding for the state govern- 

2 ment shall be done under contract or by the state government. 

3 Furnishings and fuel for the capitol buildings and paper and 

4 stationery for the state government shall be made or produced 

5 by the state government or procured under contract. Contracts 

6 for work or material designated in this section shall be awarded 

7 to the lowest responsible bidder subject to the approval of the 

8 auditor general and of the state treasurer. 



CONSTITUTIONAL AMENDMENT AND REVISION. 241 

Art. IV, Sec. 22 

Source: Part of Article III, section 12: 

"All stationery, printing, paper and fuel used in the legis- 
lative and other departments of government shall be fur- 
nished, and the printing, binding and distributing of the 
laws, journals, department reports and all other printing 
and binding, and the repairing and furnishing the halls and 
rooms used for the meetings of the general assembly and its 
committees, shall be performed under contract to be given 
to the lowest responsible bidder below such maximum price 
and under such regulations as shall be prescribed by law; 

* * * » 

Changes in Substance: (1) The state government is permitted 
to do its own printing and binding instead of being required 
to let all such work on contract. This would permit a 
change in the system if a change should seem desirable. 

(2) "Fuel used in the legislative and other departments 
of government" has been changed to "fuel for the capitol 
buildings" because that is the principal place of its use 
where procuring by contract is both feasible and prudent. 

(3) The requirement in regard to repairs of the halls and 
rooms of the general assembly is omitted because the state 
is now in a position to do its repair work at the capitol build- 
ings. 

(4) The provision that every contract must be at a figure 
below a maximum price prescribed by law is omitted, because 
the Commission believe that the public interests will be en- 
tirely protected by requiring the contract to be awarded only 
to the lowest responsible bidder and to be approved by the 
auditor general and by the state treasurer. 

(5) The approval of the governor is dispensed with be- 
cause in practice his approval has necessarily become a mere 
matter of routine involving no real personal consideration of 
the proposed contract. 

Changes in Style: The Commission's rules of style have been 
followed. 



Seal and Commissions. 

1 Section 22. The present great seal of Pennsylvania shall be 

2 the seal of the commonwealth. Commissions shall be in the name 

3 and by the authority of the commonwealth of Pennsylvania. They 

4 shall be sealed with the seal of the commonwealth and signed by 

5 the governor. 

Note. 
Source: Article IV, section 22: 

"The present great seal of Pennsylvania shall be the. seal 
of the state. All commissions shall be in the name and by 
authority of the commonwealth of Pennsylvania, and be 
sealed with the state seal and signed by the governor." 
16 



242 REPORT OF THE COMMISSION ON 

Art. V, Sec. 1 

Changes in Substance: None. 

Changes in Style : The Commission's rules of style have been 
followed. 



ARTICLE V. 



THE JUDICIARY. 



Preliminary Note. 

Source: Article V of the present Constitution. 

Arrangement : 

Vesting of judicial power — section 1. 

Supreme court and its jurisdiction — sections 2, 3, 4. 

Superior court and its jurisdiction — sections 5, 6. 

Courts of common pleas and their jurisdiction — sections 7 

to 10, inclusive. 
Criminal courts — section 11. 
Orphans' courts — section 12. 
Justices of the peace — sections 13, 14. 

Provisions common to all courts — sections 15 to 20, inclusive. 
Appeals — sections 21, 22. 
Procedural matters — sections 23 to 25, inclusive. 

Judicial Power. 

1 Section 1. The judicial power of the commonwealth shall be 

2 vested in a supreme court, a superior court, in courts of common 

3 pleas, courts of oyer and terminer and general jail delivery, 

4 courts of quarter sessions of the peace, orphans' courts, justices 

5 of the peace, and in such other courts as may from time to time 

6 be established by law. 

Note. 
Source: Article V, section 1: 

"The judicial power of this commonwealth shall be vested 
in a supreme court, in courts of common pleas, courts of oyer 
and terminer and general jail delivery, courts of quarter 
sessions of the peace, orphans' courts, magistrates' courts, 
and in such other courts as the general assembly may from 
time to time establish." 

Changes in Substance: The superior court is adcfed as a con- 
stitutional court. 



CONSTITUTIONAL AMENDMENT AND REVISION. 243 

Art. V, Sees. 2, 3 

Changes in Style: Tlie words "justices of the peace" have been 
used as more accurate than "magistrates' courts." 



Supreme Court. 

1 Section 2. The supreme court shall consist of seven judges 

2 learned in the law, who shall have the! title of justice, chosen 

3 by the electors of the commonwealth. They shall hold office 

4 for twenty-one years and shall not again be eligible. The judge 

5 longest in continuous service shall be chief justice. 

Note. 
Source: Article V, section 2: 

"The supreme court shall consist of seven judges, who 
shall be elected by the qualified electors of the state at large. 
They shall hold their offices for the term of twenty-one years, 
if they so long behave themselves well, but shall not be 
again eligible. The judge whose commission shall first ex- 
pire shall be chief justice, and thereafter each judge whose 
commission shall first expire shall in turn be chief justice," 

Changes in Substance: The requirement that the justices of the 
court shall be learned in the law has been added. 

Changes in Style: 

(1) The words "who shall have the title of justice" are 
used because the members of the supreme court are always 
so designated in practice, although it is desirable that they 
should be considered "judges" on account of numerous other 
provisions of the constitution referring to all judges, in- 
cluding the members of the supreme court. 

(2) The language of the final sentence is more accurate 
than that of the present constitution. "The judge whose 
commission shall first expire" is frequently a judge ap- 
pointed to fill a vacancy and holding a commission which 
will expire at the end of the next session of the senate. 



Jurisdiction of Supreme Court. 

1 Section 3. The jurisdiction of the supreme court shall ex- 

2 tend over the state, and the judges thereof shall, by virtue of 

3 their offices, be justices of oyer and terminer and general jail 

4 delivery in the several counties. It shall have original jurisdic- 

5 tion in cases of injunction where a corporation is a party de- 
ft fendant, of habeas corpus, of mandamus to courts of inferior 
7 jurisdiction, and of quo warranto as to officers of the common- 
S wealth whose jurisdiction extends over the state, but shall not 



244 REPORT OF THE COMMISSION ON 

Art. V, Sec. 4 

9 exercise other original jurisdiction. The supreme court shall 

10 have jurisdiction to review in all cases the action of other courts 

11 and until otherwise prescribed by law the manner of exercising 

12 such jurisdiction shall be 'that prescribed when this constitution 

13 becomes effective. 

Note. 
Source : Article V, section 3 : 

"The jurisdiction of the supreme court shall extend over 
the state, and the judges thereof shall, by virtue of their 
offices, be justices of oyer and terminer and general jail de- 
livery in the several counties ; they shall have original juris- 
diction in cases of injunction where a corporation is a party 
defendant, of habeas corpus, of mandamus to courts of in- 
ferior jurisdiction, and of quo warranto as to all officers 
of the commonwealth whose jurisdiction extends over the 
state, but shall not exercise any other original jurisdiction ; 
they shall have appellate jurisdiction by appeal, certiorari 
or writ of error in all cases, as is now or may hereafter be 
provided by law." 

Changes in Substance: None. 

Clarifying' Change: Under the present constitution it is not 
absolutely certain that the supreme court has appellate 
jurisdiction in all cases. Under the section proposed the 
court is given the power to review, in all cases, the action 
of other courts. 

Changes in Style: Original jurisdiction in the enumerated cases 
is vested in the court itself. This accords with actual prac- 
tice and with the interpretation put upon the language of 
the present constitution by the supreme court. See Wheeler 
v. Phila., 77 Pa. 338; Commonwealth v. Hartranff, 77 Pa. 
154 : Clark v. Borough of Washington, 145 Pa. 566. 



Regulative Power and Duty of Supreme Court. 

1 Section 4. The supreme court shall regulate procedure in 

2 courts of record and shall adapt the processes of justice to the 

3 necessities of all litigants. 

4 In the discharge of these duties it may regulate forms of 

5 action, pleading and practice, the keeping of judicial records, 

6 and the conditions under which fees and costs may be remitted 

7 and counsel assigned without expense to litigants. 

8 Eegulations, when promulgated by the chief justice, shall have 

9 the force of law until modified by law and shall operate to repeal 

10 laws theretofore enacted inconsistent with such regulations. 

11 Subject to law and to such regulations, courts of record shall 

12 have the power to make their own rules. 



CONSTITUTIONAL AMENDMENT AND REVISION. 245 

Art. V, Sees. 5, 6 

Note. 

Source: This is entirely new matter covering two principles: 

(1) That the supreme court should regulate judicial pro- 
cedure, and 

(2) That the supreme court should specially regulate ju- 
dicial procedure in behalf of the poor. 

The Commission recommend the embodiment of the first of 
these principles in the constitution because the supreme 
court is better fitted than the general assembly to adapt 
judicial procedure to changing conditions. A legislative 
body is not constituted for the consideration of such ques- 
tions of detail as necessarily arise in connection with every 
kind of litigation. Accordingly the Commission have 
recommended a system similar to that in 1 use in England, 
where it has met with success and with unusual satisfac- 
tion. It will be observed that the force of the rules of the 
supreme court in this respect is made equal to that of sta- 
tutes but no greater. 

The Commission also recommend that the supreme court 
should be directed to "adapt the processes of justice to the 
necessities of - all litigants," and, in this connection, shall 
regulate the condition under which fees and costs may be 
remitted and counsel assigned without expense to litigants. 



Superior Court. 

1 Section 5. The superior court shall consist of seven judges 

2 learned in the law, chosen by the electors of the commonwealth. 

3 They shall hold office for twenty-one years and shall not again 

4 be eligible. The judge longest in continuous service shall be 

5 president judge. 

Note. 

Source : This is entirely new matter. The superior court is made 
a constitutional court. The provision in regard to the 
length of the term of a judge of the court, and the prohibition 
against' re-election, are made similar to those which pertain 
to the judges of the supreme court. 



Jurisdiction of Superior Court. 

1 Section 6. Until otherwise prescribed by law, the superior 

2 court shall have the jurisdiction vested in it when this consti- 

3 tution becomes effective. 

Note. 

Source: This is entirely new matter, made necessary by the pre- 
ceding section. 



246 REPORT OF THE COMMISSION ON 

Art. V, Sees. 7, 8 

Judicial Districts. 

1 Section 7. The state shall be divided by law into judicial 

2 districts. A county having fifty thousand inhabitants may con- 

3 stitute a separate district. No county shall be divided in the 

4 formation of a district and not more than four counties shall be 

5 included in a district. 

Note. 
Source: (1) Part of Article V, section 5: 

"Whenever a county shall contain forty thousand inhabit- 
ants it shall constitute a separate judicial district, and 
shall elect one judge learned in the law; and the general 
assembly shall provide for additional judges, as the busi- 
ness of said districts may require. Counties containing a 
population less than is sufficient to constitute separate dis- 
tricts shall be formed into convenient single districts, or, if 
necessary, may be attached to contiguous districts as the 
general assembly may provide. * * *" 

(2) Part of Article V, section 4: ■ 

"* * * not more than four counties shall at any time 
be included in one judicial district organized for said 
courts." 

Changes in Substance: The present constitution requires every 
county with a population of forty thousand to form a sepa- 
rate district. This is changed so that a county of fifty thou- 
sand will be permitted or obliged to become a separate dis- 
trict, according to the judgment of the law-making power. 

Changes in Style: The Commission's rules of style have been 
followed. 



Courts of Common Pleas. 

1 Section 8. In each county there shall be a court of common 

2 pleas consisting of one or more judges learned in the law, chosen 

3 by the electors of the judicial district in which the county is 

4 situated. They shall hold office for ten years. The judge long- 

5 est in continuous service shall be the president judge. The office 

6 of associate judge not learned in the law is abolished, but asso- 

7 ciate judges in office when this constitution becomes effective 

8 shall hold office for their unexpired terms. 

Note. 
Source: (1) Part of Article V, section 4: 

"Until otherwise directed by law, the courts of common 
pleas shall continue as at present established, except as 
herein changed; * * *" 



CONSTITUTIONAL AMENDMENT AND REVISION. 247 

Art. V, Sec. 9 

(2) Part of Article V, section 15: 

"All judges required to be learned in the law, except the 
judges of the supreme court shall be elected by the qualified 
electors of the respective districts over which they are to 
preside, and shall hold their offices for the period of ten 
years, if they shall so long behave themselves well ; * * *." 

(3) Part of Article V, section 5: 

a* * * rpk e fg ce f associate judge, not learned in 
the law, is abolished in counties forming separate districts ; 
but the several associate judges in office when this constitu- 
tion shall be adopted shall serve for their unexpired terms." 

Changes in Substance: (1) The Commission suggest that the 
long-established practice in regard to the office of president 
judge be made part of the constitution for the sake of uni- 
formity with the sections dealing with the other courts. 

(2) The present constitution abolished the office of asso- 
ciate judge not learned in the law in counties forming 
separate districts. The Commission recommend that this 
office should now be abolished in the twenty counties where 
it still exists, saving to the present associate judges the 
right to serve their unexpired terms. 

Clarifying Change: The proposed new section states expressly 
that there shall be a court of common pleas in each county. 
The constitution of 1776 refers to such courts (see section 
the twenty-fourth), and the constitution of 1790, Article V, 
section 4, expressly provided for such courts. 

The Commission recommend the insertion of this clause 
for the sake of clearness, believing that the system is satis- 
factory and that there will be no reason for abandoning it. 

Changes in Style : The words "if they shall so long behave them- 
selves well/' in Article V, section 15, of the present constitu- 
tion, are omitted &as unnecessary. The constitution desig- 
nates the ways in which a judge may be removed from 
office. (See Article VII, sections 6 and 7 as proposed.)' 
When a definite term of office for a judge or other officer is 
prescribed, the incumbent of the office has a right to the 
office until his term expires, irrespective of his behavior, 
unless removed in one of the ways designated in the consti- 
tution. 



Jurisdiction of Courts of Common Pleas/ 

1 Section 9. The court of common pleas of each county shall 

2 have original jurisdiction in civil cases except where such juris- 

3 diction shall be vested by law in other courts. It shall have 

4 power to issue writs of certiorari to justices of the peace and to 

5 courts not of record and, except where otherwise prescribed by 



248 . REPORT OF THE COMMISSION ON 

Art. V, Sec. 9 

6 law shall have jurisdiction in appeals from justices of the peace. 

7 It shall have the chancery jurisdiction vested in the courts of 

8 common pleas when this constitution becomes effective. 

9 In addition to the powers conferred in this section, and until 

10 otherwise prescribed by law, the courts of common pleas shall 

11 have the jurisdiction vested in them when this constitution be- 

12 comes effective. 

13 A judge of a court of common pleas shall be, in the county, a 

14 justice of the peace as to criminal matters. 

Note. 
Source: (1) Part of Article V, section 9: 

"Judges of the courts of common pleas learned in the law 
* * * within their respective districts shall be justices of 
the peace as to criminal matters." 

(2) Article V, section 10: 

"The judges of the courts of common pleas, within their 
respective counties, shall have power to issue writs of cer- 
tiorari to justices of the peace and other inferior courts not 
of record, and to cause their proceedings to be brought before 
them, and right and justice to be done." 

(3) Article- V, section 20: 

"The several courts of common pleas, besides the powers 
herein conferred, shall have and exercise within their re- 
spective districts, subject to such changes as may be made by 
law, such chancery powers as are now vested by law in the 
several courts of common pleas of this commonwealth, or 
as may hereafter be conferred upon them by law." 

Changes in Substance: (1) All original civil jurisdiction not 
vested by law in other courts is expressly vested in the 
courts of common pleas. 

(2) Jurisdiction in appeals frqpn justices of the peace is 
expressly conferred upon the courts of common pleas except 
where otherwise prescribed by law. The present constitu- 
tion gives to a court of common pleas the right to issue a 
certiorari to justices of the peace and magistrates, but gives 
to the litigant no right of appeal. 

Clarifying Changes: Under the present constitution, it is not 
clear whether chancery jurisdiction can be given to courts 
other than the courts of common pleas and the orphans' 
courts. An orphans' court, by its nature, which may be 
implied from its name, may and does have chancery powers. 
(See also Morgan v. Keel, 213 Pa. 81.) Article V, section 20, 
of the present constitution, makes the chancery jurisdiction 
of the courts of common pleas subject to such changes as 
may be made by law. The language of the section makes it 
probable but not certain that those courts could be deprived 



CONSTITUTIONAL AMENDMENT AND REVISION. 249 

Art. V, Sec. 10 

by law of all chancery jurisdiction. There is nothing in the 
section to prevent other courts being vested with chancery 
jurisdiction. 

Article V, section 10, of the present constitution, gives to 
the judges of the courts of common pleas the power to issue 
writs of certiorari to justices of the peace and other inferior 
courts not of record. Again, there is nothing in the section 
to make the power vested in the courts of common pleas an 
exclusive power. 

On the other hand, Article V, section 26, of the present 
constitution, provides: "* * * the general assembly is 
is hereby prohibited from creating other courts to exercise 
the powers vested by this constitution in the judges of the 
courts of common pleas and orphans' courts." The effect of 
this section is uncertain. Either it means that a power 
vested expressly or impliedly as an exclusive power is ex- 
clusive, or it means that any power whether it is vested as 
an exclusive power or not, it to be regarded as an exclusive 
power. 

In order to avoid the uncertainty arising from section 26, 
we have recommended that it be omitted. 

The section as proposed is so worded as to vest in the 
common pleas courts the chancery jurisdiction vested by 
law when the constitution as proposed becomes effective. 
The chancery jurisdiction may thereafter be increased but 
not diminished. The section as proposed also vests in the 
common pleas courts jurisdiction to issue writs of certiorari 
to justices of the peace and inferior courts not of record. 
This accords with Article V, section 10 of the present consti- 
tution. On the other hand, there will be nothing to prevent 
other courts being vested by law with a similar power. 

Changes in Style : The Commission's rules of style have been 
followed. 



Common Pleas Court in Philadelphia. 

1 Section 10. In the county of Philadelphia the jurisdiction of 

2 the several courts of common pleas shall be vested in one court 

3 of common pleas. Until otherwise prescribed by law, the court 

4 shall be composed of fifteen judges. The first judges shall be 

5 those holding office in the several courts of common pleas when 

6 this constitution becomes effective. The judge longest in con- 

7 tinuous service shall be president judge. 

Note. 
Source: This is entirely new matter. 

Philadelphia is the only county which does not now have 
a single court of common pleas. If section 8 of this article, 
as proposed by the Commission, is adopted, it is necessary 



250 REPORT OF THE COMMISSION ON 

Art. V, Sees. 11, 12 

to specially provide, in the constitution or in a schedule 
adopted with the constitution, for the consolidation of the 
existing courts of common pleas in Philadelphia. 

We believe that in Philadelphia the demand for the con- 
solidation of the existing courts of common pleas is very 
general. An amendment to the present constitution effecting 
this consolidation has already been passed by one general 
assembly. 



Criminal Courts. 



1 Section 11. In each county there shall be a court of oyer and 

2 terminer and general jail delivery and a court of quarter sessions 

3 of the peace. The judges of the court of common pleas of the 

4 county shall be the judges of such courts. 

Note. 
Source: Part of Article V, section 9: 

"Judges of the courts of common pleas learned in the law 
shall be judges of the courts of oyer and terminer, quarter 
sessions of the peace and general jail delivery, and of the 
orphans' court, . * * V 

Changes in Substance: None. 

Clarifying Changes: The present constitution creates courts of 
oyer and terminer and general jail delivery, and courts of 
quarter sessions of the peace, in Article V, section 1, but 
fails to state in terms where those courts shall be situated. 
This omission is corrected by stating that there shall be 
such courts in each county, thus following the long-estab- 
lished practice. 

Changes in Style: The Commission's rules of style have been 
followed. 



Orphans' Courts. 

1 Section 12. In each county there shall be an orphans' court. 

2 In a county having more than one hundred and fifty thousand 

3 inhabitants there may be a separate orphans' court with the 

4 jurisdiction of orphans' courts when this constitution becomes 

5 effective and with other jurisdiction as prescribed by law. Such 

6 courts shall consist of one or more judges learned in the law, 

7 chosen by the electors' of the county. They shall hold office for 

8 ten years. The judge longest in continuous service shall be presi- 

9 dent judge. 

10 In a county with a separate orphans' court, the register of 

11 wills of the county shall be the clerk thereof. He shall appoint 

12 assistant clerks only with the approval of the court. Accounts 



CONSTITUTIONAL AMENDMENT AND REVISION. 251 

Art. V, Sec. 12 

13 filed with him as register or as clerk shall be audited by the 

14 court without expense to the parties, unless the court shall ap- 

15 point, in its discretion, an auditor nominated by all parties in 

16 interest represented in the proceeding. 

17 In a county without a separate orphans' court, the judges of 

18 the court of common pleas shall be the judges of the orphans' 

19 court, but only until the establishment of a separate orphans' 

20 court. 

Note. 
Source: (1) Part of Article V, section 22: 

"In every county wherein the population shall exceed one 
hundred and fifty thousand, the general assembly shall, and 
in any other county may, establish a separate orphans' court, 
to consist of one or more judges who shall be learned in the 
law, which court shall exercise all the jurisdiction and 
powers now vested in or which may hereafter be conferred 
upon the orphans' courts, and thereupon the jurisdiction of 
the judges of the court of common pleas within such county, 
in orphans' court proceedings shall cease and determine. 
In any county in which a separate orphans' court shall be 
established, the register of wills shall be clerk of such court, 
and subject to its directions, in all matters pertaining to 
his office ; he may appoint assistant clerks, but only with the 
consent and approval of said court. All accounts filed with 
him as register or as clerk of the said separate orphans' court 
shall be audited by the court without expense to parties, 
except where all parties in interest in a pending proceeding 
shall nominate an auditor whom the court may, in its dis- 
cretion, appoint * * *." 

(2) Part of Article V, section 15: 

"All judges required to be learned in the law, except the 
judges of the supreme court, shall be elected by the qualified 
electors of the respective districts over which they are to 
preside, and shall hold their offices for the period of ten 
years, if they shall so long behave themselves well * * *" 

(3) Part of Article V, section 9: 

"Judges of the courts of common pleas learned in the law 
shall be judges * * * of the orphans' court * * *" 

Changes in Substance: (1) The present constitution requires 
a separate orphans' court in a county having a population 
of over 150,000 and permits a separate orphans' court in any 
county. In the proposed new section, a separate orphans' 
court is permitted only in a county with over 150,000 in- 
habitants. The Commission believe that such a court will 
never be necessary in a smaller county. 

(2) The present constitution gave to the orphans' court 
the jurisdiction of the then existing register's court. The 



252 REPORT OP THE COMMISSION ON 

Art. V, Sec. 13 

constitution as proposed gives to the court the jurisdiction 
vested in such courts by law when the constitution becomes 
effective. 

(3) The exception to the provision that all accounts shall 
be audited by the court without expense to parties is in a 
case where all the parties in interest represented in the pro- 
ceedings consent to the appointment of an auditor. Under 
the present constitution all the parties in interest must 
consent. 

Clarifying Changes: (1) The principle that there should be 
an orphans' court in each county is to be inferred from the 
present constitution and is expressly stated in the proposed 
new section. 

(2) It is assumed that in the present constitution, the 
words "and subject to its directions in all matters pertaining 
to his office," refer to the office of clerk of the orphans' court, 
and they have therefore been omitted as surplusage. 

Changes in Style : ( 1 ) The words "if they shall so long behave 
themselves well/' in article V, section 15, of the present 
constitution, are omitted because included in Article VII, 
section 7, as proposed. ( See note to Article V, section 8. ) 

(2) By omitting Article V, section 26, of the present 
constitution, we make it clear that this section vests in the 
orphans' court certain jurisdiction, but does not make the 
jurisdiction vested exclusive. (See note to Article V, sec- 
tion 9.) - 



Justices of the Peace Not in Philadelphia. 

1 Section 13. Each county, except the county of Philadelphia, 

2 shall be divided by its court of common pleas into justice of the 

3 peace districts. A borough, township or city with a population 

4 of fifty thousand or less shall not be divided. A district may be 

5 composed of two or more townships or boroughs or any borough 

6 or township may be attached to a district comprising all or a 

7 portion of a city. In a city with a population of more than fifty 

8 thousand, the number of inhabitants shall be divided by fifty 

9 thousand and the number of districts to which the city shall be 

10 entitled shall be the quotient. Population shall be determined 

11 by the latest United States decennial census. After each de- 

12 cennial census the court of common pleas may create new dis- 

13 tricts and may change the boundaries of districts. After any 

14 such revision of the districts, no new district shall be created and 

15 no change of boundary shall be made prior to the next decennial 

16 census. 

17 In each district one justice of the peace shall be chosen by 

18 the electors at a municipal election. He shall have been a resi- 

19 dent of his district for two years next preceding the election 

20 unless absent on the public business of the United States, of the 



CONSTITUTIONAL AMENDMENT AND REVISION. 253 

Art. V, Sec. 13 

21 state government or of a municipality of the commonwealth. 

22 He shall hold office for six years from the first Monday after 

23 his election. Upon petition of at least two hundred electors of 

24 the district setting forth a reasonable cause for his removal, he 

25 shall be removed from office by the court of common pleas if the 

26 court, after hearing, finds such cause to exist. In such event a 

27 justice of the peace may appeal to the superior court. A vacancy 

28 in the office of justice of the peace shall be filled by the governor. 

29 For services rendered in judicial proceedings a justice of the 

30 peace shall receive a salary prescribed by law and paid by the 

31 county, and no other compensation. Fees, fines and penalties 

32 received in judicial proceedings by a justice of the peace shall be 

33 paid into the county treasury for the use of the county. 

34 Until otherwise prescribed by law, justices of the peace in any 

35 county shall have the jurisdiction and powers of the justices of 

36 the peace of the county existing when this constitution becomes 

37 effective. 

38 Justices of the peace in office when this constitution becomes 

39 effective shall serve their unexpired terms. On the expiration 

40 of such terms, the office of justice of the peace as theretofore 

41 existing is abolished. Vacancies occurring prior to the expira- 

42 tion of such terms shall not be filled. 

Note. 
Source : Article V, section 11 : 

"Except as otherwise provided in this constitution, jus- 
tices of the peace or aldermen shall be elected in the several 
wards, districts, boroughs or townships, by the qualified 
electors thereof, at the municipal election, in such manner as 
shall be directed by law, and shall be commissioned by the 
governor for a term of six years. No township, ward, dis- 
trict or borough shall elect more than two justices of the 
peace or aldermen without the consent of a majority of the 
qualified electors within such township, ward or borough ; 
no person shall be elected to such office unless he shall have 
resided within the township, borough, ward or district for 
one year next preceding his election. In cities containing 
over fifty thousand inhabitants, not more than one alder- 
man shall be elected in each ward or district." (Amendment 

of November 2, 1909.) 

• 
Changes in Substance: (1) Instead of electing justices of the 
peace according to wards, boroughs or townships, they will 
be elected according to districts formed by the court of com- 
mon pleas of the county in the manner indicated. 

(2) There can be but one justice of the peace in a district, 
instead of two or more as under the present constitution. 

(3) Two years' residence in the district immediately pre- 
ceding his election is required, instead of one year. Absence 
on public business is not to be reckoned as a loss of resid- 
ence. 



254 REPORT OF THE COMMISSION ON 

Art. V, Sec. 14 

(4) The provisions for removal by the court of common 
pleas and for the filling of vacancies by the governor are 
new. 

(5) The provisions in regard to salary, fees, fines and 
penalties, are new. 

Change in Style: The substance of the provisions in regard to 
the time of elections has been transferred to Article VII. 
section 1, as proposed. 



Justices of the Peace in Philadelphia. 

1 Section 14. The county of Philadelphia shall be divided by its 

2 court of common pleas into eighteen justice of the peace dis- 

3 tricts as nearly equal in population as possible. After each 

4 United States decennial census, the court of common pleas may 

5 create new districts and may alter the boundaries of districts. 

6 After any such revision of the districts, no new district shall be 

7 created and no change of boundary shall be made prior to the 

8 next decennial census. The number of districts shall not exceed 

9 one for each one hundred thousand of population. 

10 In each district of one justice of the peace learned in the law 

11 shall be chosen by the electors of the district at a muncipal elec- 

12 tion. His other qualifications, his term, and the method of his 

13 removal and of filling a vacancy in his office shall be as in the 

14 case of justices of the peace in other counties. For services 

15 rendered in judicial proceedings, he shall receive a salary pre- 

16 scribed by law and paid by the county and no other compensa- 

17 tion. Fees, fines and penalties received in judicial proceedings 

18 by a justice of the peace shall be paid into the county treasury 

19 for the use of the county. 

20 A justice of the peace shall hold a court not of record of police 

21 and civil causes. His jurisdiction in civil matters shall be lim- 

22 ited to matters involving three hundred dollars or less and ex- 

23 cept as otherwise provided in this section shall be similar to 

24 that of justices of the peace in other counties. No political 

25 duties shall be imposed on him. 

26 Rules of procedure for the justices of the peace not incon- 

27 sistent with law or with the regulations of the supreme court 

28 shall be prescribed bv the court of common pleas of the county 

29 of Philadelphia. 

30 Magistrates in office when this constitution becomes effective 

31 shall serve their unexpired terms. On the expiration of such 

32 terms, the office of magistrate as theretofore existing is abolished. 

33 Vacancies occurring prior to the expiration of such terms shall 

34 not be filled. 

35 The provisions of this section may be changed or abolished by 

36 law. 



CONSTITUTIONAL AMENDMENT AND REVISION. 255 

Art. V, Sec. 14 

Note. 
Source: (1) Article V, section 12: 

"In Philadelphia there shall be established, for each thirty 
thousand inhabitants, one court, not of record, of police and 
civil causes, with jurisdiction not exceeding one hundred dol- 
lars; such courts shall be held by magistrates whose term 
of office shall be six years and they shall be elected on general 
ticket at the municipal election, by the qualified voters at 
large; and in the election of the said magistrates no voter 
shall vote for more than two-thirds of the number of persons 
to be elected when more than one are to be chosen; They 
shall be compensated only by fixed salaries to be paid by 
said county; and shall exercise such jurisdiction, civil and 
criminal, except as herein provided, as is now exercised by 
aldermen, subject to such changes, not involving an increase 
of civil jurisdiction or conferring political duties, as may 
be made by law. In Philadelphia the office of aldermen is 
abolished/' — (Amendment of November 2, 1909.) 

(2) Article V, section 13: 

"All fees, fines and penalties in said courts shall be paid 
into the county treasury." 

Changes in Substance: (1) Justices of the peace learned in ike 
law are substituted for magistrates. 

(2) One justice of the peace is to be elected in each of 
the districts formed by the court of common pleas. 

(3) There is to be one justice of the peace for each one 
hundred thousand of population instead of a magistrate 
for each thirty thousand. 

(4) The jurisdiction of each juctice of the peace is to be 
similar \o that of justices of the peace throughout the state, 
except that in civil cases it is limited to three hundred dol- 
lars. The assimilation to the situation in other counties is 
new. 

(5) Qualifications for office, except the requirement that 
the incumbent shall be learned in the law, and provisions 
for removal and for filling vacancies are the same as in the 
case of justices of the peace in other counties. This is 
new. 

(6) The court of common pleas is directed to prescribe 
procedure. This is new. 

(7) The final paragraph permits the above system to be 
abolished or changed by law. 

Changes in Style: The section has been entirely rewritten and 
the Commission's rule of style have been followed. 



256 REPORT OF THE COMMISSION ON 

Art. V, Sees. 15, 16 

Judgeships to be Numbered. 

1 Section 15. In every court composed of two or more judges 

2 required to be learned in the law, each judgeship shall, for the 

3 purpose of election or appointment thereto, be deemed a separate 

4 office and be distinguished by number from the other judgeships 

5 in the same court. Judgeships existing when this constitution 

6 becomes effective shall be taken to be numbered in the respective 

7 courts in the order of the seniority in commission of the judges 

8 occupying them. 

Note. 

Source: This is entirely new matter. The purpose is to give to 
the sitting judge in large counties a greater advantage than 
he now has in election contests. If, for instance, the courts 
of common pleas of Philadelphia county are consolidated, 
and if four of the fifteen judges come up at one time for re- 
election, it will be more difficult to defeat a sitting judge 
contending against a limited number of other candidates 
than it would be if all candidates, perhaps a dozen or more, 
were contending together for four places. The natural ten- 
dency of the voter is to favor the sitting judge and this he 
will be more likely to do if the contest is plainly between that 
judge and aspirants for his particular office. 

The Commission believe that a policy which tends to con- 
tinue judges in office will promote the proper administration 
of justice. 



Determining Priority. 

1 Section 16. Before two or more judges of the same court 

2 begin service on the same day, they shall cast lots to determine 

3 who shall be deemed first to have begun service and shall certify 

4 the result to the governor. 

Note. 
Source: Article V, section 17: 

"Should any two or more judges of the supreme court, or 
any two or more judges of the court of common pleas for the 
same district, be elected at the same time, they shall, as soon 
after the election as convenient, cast lots for priority of 
commission, and certify the result to the governor, who shall 
issue their commissions in accordance therewith." 

Changes in Substance: The provisions are extended to cover 
all courts, because the question of priority may arise in 
any of them. 

Under the present constitution the lots have to be cast 
when two judges are elected on the same day, although one 



CONSTITUTIONAL AMENDMENT AND REVISION. 257 

Art. V, Sees. 17, 18 

of them is and the other is not already a member of the court. 
Under the wording proposed, the lots would have to be cast 
only when both judges begin their service on the same day. 

Changes in Style: The Commission's rules of style have been 
followed. 



Residence of Judges. 

1 Section 17. The judges of the supreme court and of the su- 

2 perior court shall reside in the state. A judge of another court 

3 or a justice of the peace shall reside in the district for which he 

4 has been elected. 

Note. 

Source: Article V, section 19: 

"The judges of the supreme court, during their contin- 
uance in office, shall reside within this commonwealth; anct 
the other judges, during their continuance in office, shall 
reside within the districts for which they shall be respec- 
tively elected." 

Changes in Substance : A justice of the peace is required to 
reside within the territory over which he has jurisdiction. 

Changes in Style: The Commission's rules of style have been 
followed. 



Compensation of Judges and of Justices of the Peace. 

1 Section 18. A judge or a justice of the peace required to be 

2 learned in the law shall receive for his services an adequate sal- 

3 ary prescribed by law, and no other compensation. A judge re- 

4 quired to be learned in the law shall be paid by the state gov- 

5 ernment. 

Note. 

Source: Article V, section 18: 

"The judges of the supreme court and the judges of the 
several courts of common pleas, and all other judges re- 
quired to be learned in the law, shall at stated times receive 
for their services an adequate compensation, which shall be 
• fixed by law, and paid by the state. They shall receive no 
other compensation, fees, or perquisites of office for their 
services from any source, nor hold any other office of profit 
under the United States, this state or any other state." 

Changes in Substance: None. 

Changes in Style: The prohibition against holding other offices 
is transferred to Article VII, section 2. 

17 



258 REPORT OF THE COMMISSION ON 

Art. V, Sees. 19, 20 

Duties of Courts to, be Judicial Only. 

1 Section 19. No duties shall be imposed on a court or judge 

2 except such as relate to the administration of justice, to the con- 

3 duct of the business of the court, or to the conduct of elections. 

4 After the adjournment of the first session of the general assembly 

5 following the time when this constitution becomes effective, no 

6 powers of appointment shall be exercised by a court or judge 

7 except such as relate to their duties or to the management of 

8 public law libraries, the inspection and management of prisons, 

9 the visitation of public institutions, the condemnation of private 

10 property, and the administration of public trusts, of public parks 

11 or of public works. Other powers of appointment vested in a 

12 court or judge shall be abolished or vested elsewhere by law. 

Note. 

Source: (1) Article V, section 21: 

"No duties shall be imposed by law upon the supreme 
court or any of the judges thereof, except such as are judi- 
cial, nor shall any of the judges thereof exercise any power 
of appointment except as herein provided. The court of 
nisi prius is hereby abolished, and no court of original juris- 
diction to be presided over by any one or more of the judges 
of the supreme court shall be established." 

Changes in Substance: (1) The prohibition against imposing 
non- judicial duties upon the judges of the supreme court is 
extended to all judges and also to justices of the peace in 
Philadelphia. Instead of using the ambiguous words of the 
present constitution "no duties * *■ * except such as 
are judicial" and "not conferring political duties," the pro- 
posed section enumerates the duties which may be imposed. 
This will avoid doubt. Certain powers of appointment are 
expressly permitted to be exercised by the courts in cases 
in which the Commission believe that this method of ap- 
pointment will serve the public interests. Other powers of 
appointment, as, for instance, the appointment of boards 
of revision of taxes and of boards of education, are to be 
abolished or vested elsewhere by law. 

(2) The last sentence of Article V, section 12, of the 
present constitution is omitted as absolete in so far as it 
concerns the court of nisi prius, and as unnecessary and un- 
wise in so far as it concerns other courts of original juris- 
diction. 

Changes in Style: The section has been entirely rewritten, fol- 
lowing the Commission's rules of style. 



Power to Change Venue. 



s 



1 Section 20. The power to change the venue shall be vested in 

2 the courts and exercised as prescribed by law. 



CONSTITUTIONAL AMENDMENT AND REVISION. 259 

Art. V, Sees. 21, 22 

Note. 

Source: Article III, section 23: 

"The power to change the venue in civil and criminal cases 
shall be vested in the courts, to be exercised in such manner 
as shall be provided by law." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Appeals to Supreme Court in Homicide Cases. 

1 Section 21. A person sentenced for felonious homicide may 

2 remove the indictment, record and all proceedings to the supreme 

3 court for review. 

Note. 
Source: Article V, section 24: 

"In all cases of felonious homicide, and in such other 
criminal cases as may be provided for by law, the accused, 
after conviction and sentence, may remove the indictment, 
record and all proceedings, to the supreme court for re- 
view." 

Changes in Substance: None. 

Changes in Style: The reference to "such other criminal cases 
as may be provided for by law" has been omitted as super- 
fluous, and the language has been changed in accordance 
with the Commission's rules of style. 



Appeals From Courts Not of Record. 

1 Section 22. A person summarily convicted, or a party to a 

2 suit for a penalty before a justice of the peace or in a court not 

3 of record, may appeal to a court of record in the manner pre- 

4 scribed by law. 

Note. 
Source: Article V, section 14: 

"In all cases of summary conviction in this common- 
wea T th, or of judgment in suit for a penalty before a magis- 
trate, or court not of record, either party may appeal to 
such court of record as may be prescribed by law, upon al- 
lowance of the appellate court or judge thereof upon cause 
shown." 



260 ' REPORT OF THE COMMISSION ON 

Art. V, Sec. 23 

Changes in Substance: The concluding words "upon allowance 
of the appellate court or judge thereof upon cause shown," 
have been omitted because the Commission believe that an 
appeal should be a matter of right in the two specified cases 
without requiring a special allocation from a judge. 

Changes in Style: The Commission's rules of style have been 
followed. 



Process and Indictments. 

1 Section 23. The style of process shall be "The Commonwealth 

2 of Pennsylvania." Prosecutions shall be carried on in the name 

3 and by the authority of the commonwealth of Pennsylvania. In- 

4 dictments shad conclude "against the peace and dignity of the 

5 commonwealth of Pennsylvania." 

Note. 
Source: Article V, section 23: 

"The style of all process shall be 'The Commonwealth of 
Pennsylvania.' All prosecutions shall be carried on in the 
name and by the authority of the commonwealth of Pennsyl- 
vania, and conclude 'against the peace and dignity of the 
same.' " 

Changes in Substance: None. 

Changes in Style: (1) The present constitution provides that 
"prosecutions shall * * * conclude 'against the peace 
and dignity of the same.' " These words are copied from the 
constitutions of 1838 and of 1790. Obviously they are mean- 
ingless. What is really intended is that indictments shall 
so conclude. This is made clear by section the twenty- 
seventh of the second article of the constitution of 1776 
which provides: "Section the twenty-seventh. All prosecu- 
tions shall commence in the name and by the authority of 
the freemen of the commonwealth of Pennsylvania; and all 
indictments shall . conclude with these words, 'Against the 
. peace and dignity of the same.' The style of all process 
hereafter in this state shall be, the commonwealth of Penn- 
sylvania." 

(2) The Commission recommend the use of the concluding 
words, "against the peace and dignity of the commonwealth 
of Pennsylvania," to conform with the actual practice. The 
form proposed was sustained by the Supreme Court in 
Rogers v. Commonwealth, 5 S. & R. 463 (1820). 



CONSTITUTIONAL AMENDMENT AND REVISION. 261 

Art. V, Sees. 24, 25 

Trial Without Jury. 

1 Section 24. If the parties to a civil case shall agree to dis 

2 pense with a trial by jury, the court shall hear the case and 

3 shall deliver a judgment having the same effect as if there had 

4 been such trial by jury. 

Note. 
Source: Article V, section 27: 

"The parties, by agreement filed, may in any civil case 
dispense with trial by jury, and submit the decision of such 
case to the court having jurisdiction thereof, and such court 
shall hear and determine the same ; and the judgment there- 
on shall be subject to writ of error as in other cases." 

Changes in Substance : None. 

Changes in Style: The Commission's rules of style have been 
followed, 



Employment of Counsel and Graded Costs. 

1 Section 25. Laws shall be enacted, applicable to courts of 

2 record and to such other courts as may be deemed proper, pro- 

3 viding that the counties shall compensate counsel assigned to 

4 serve without expense to litigants. The costs of litigation may 

5 be classified or graded by law according to the amounts in con- 

6 troversy. 

Note. 
Source: This is entirely new matter. 

(1) The cost of compensating counsel assigned to service 
without expense to litigants is placed on the counties. Under 
the provisions of section 4 of this article, the supreme court 
is directed to regulate the conditions under which counsel 
shall be assigned without expense to litigants. 

(2) The doubt as to the constitutionality' of grading 
costs according to the amount in controversy is removed. 



262 REPORT OF THE COMMISSION ON 



Art. VI, Sec. 1 

ARTICLE VI. 



SUFFRAGE AND ELECTIONS. 



Preliminary Note. 
Source: Article VIII, Suffrage aud Elections. 

Arrangement: The order of the subjects is as follows: 

Arrangement: The order of the subjects is as follows: 

Electors — sections 1 to 4, inclusive. 

Bribery at elections — section 5. 

Election districts and election officers — sections 6 to 8, in- 
clusive. 

Time of holding elections and charter of elections ; contested 
elections — sections 9 to 11, inclusive. 

Elections by persons in representative capacity — section 12. 

That part of Article VIII of the present constitution deal- 
ing with the time of electing different kinds of public officers 
and with qualifications for holding public office has been 
transferred to Article VII, Public Servants; and the part 
dealing with prohibitions on special laws, to Article III, 
section 20. 



Qualifications of Electors. 

1 Section 1. A citizen of the commonwealth shall be entitled 

2 to vote at elections who has: 

3 1 Keached the age of twenty-one ; 

4 2 Been a citizen of the United States at least thirty days ; 

5 3 Kesided in the state immediately preceding the election for 

6 one year, or, if he is a native of the commonwealth or 

7 has been an elector, then for six months immediately 

8 . preceding the election; 

9 4 Kesided for sixty clays next preceding the election in the 

10 election district where he shall offer to vote ; 

11 5 Complied with the law regulating the registration of elec- 

12 tors. 

13 The right to vote and to hold office shall not be denied on ac- 

14 count of race, color or sex. 

Note. 
Source: Article VIII, section 1: 

"Every male citizen of twenty-one years of age, possessing 
the following qualifications, shall be entitled to vote at all 
elections, subject however to such laws requiring and regu- 



CONSTITUTIONAL AMENDMENT AND REVISION. 263 

Art. VI, Sec. 2 

lating the registration of electors as the general assembly 
may enact: 

1 He shall have been a citizen of the United States at 
least one month. 

2 He shall have resided in the state one year (or, having 
previously been a qualified elector or native born citizen of 
the state, he shall have removed therefrom and returned, 
then six months), immediately preceding the election. 

3 He shall have resided in the election district where he 
shall offer to vote at least two months immediately preceding 
the election. 

4 If twenty-one years of age and upwards, he shall have 
paid within two years a state or county tax, which shall 
have been assessed at least two months and paid at least one 
month before the election." (Amendment of November 5, 
1901.) 

Changes in Substance: (1) The right of suffrage is conferred 
on women. 

(Though the pronoun "he" is retained throughout this 
proposed constitution, the masculine form includes the femi- 
nine. See proposed concluding section.) 

(2) The qualification that a tax shall have been paid is 
abolished. 

The payment of a poll tax does not indicate that the payer 
has a property stake in the community; and even if it did, 
, the Commission do not believe in a property qualification 
for the exercise of the right of suffrage. 

Changes in Style: (1) Placing the qualifications of attainment 
of twenty-one years and of compliance with the registration 
laws with the other qualifications. 

(2) Clause 2 has been re- worded so as to avoid the neces- 
sity of using parentheses. 



Residence of Electors. 

1 Section 2. For the purpose of voting no person shall be 

2 deemed to have gained a residence by reason of his presence or 

3 to have lost it by reason of his absence while in the service of the 

4 United States, of the state government or of a municipality of 

5 the commonwealth, or while navigating the waters of the United 

6 States or the high seas, or while a student of an institution of 

7 learning, or while kept in an institution at public expense, or 

8 while confined in prison. 

Note. 

Source: Article VIII, section 13: 

"For the purpose of voting no person shall be deemed to 
have gained a residence by reason of his presence, or lost it 
by reason of his absence, while employed in the service. 



264 REPORT OF THE COMMISSION ON 

Art. VI, Sec. 3 

either civil or military, of this state or of the United States, 
nor while engaged in the navigation of the waters of the 
state or of the United States, or on the high seas, nor while 
a student of any institution of learning, nor while kept in 
any poorhouse or other asylum at public expense, nor while 
confined in public prison." 

Changes in Substance: None. 

Clarifying Change: In the present constitution it is not clear 
whether a person absent on the business of a municipality 
is absent on the business of "this state." The section as 
suggested provides that a person so absent would not gain 
or lose a residence. 

Changes in Style : The words "waters of the state" are omitted. 
John F. Lewis, Esq., of the Philadelphia bar, a recognized 
authority on admiralty law, in response to a request for an 
opinion on the question whether there are navigable waters 
of the state as distinguished from navigable waters of the 
United States has written the following letter to the Com- 
mission: 

"The words, 'of the state' in the clause, 'engaged in the 
navigation of the waters of the State or of the United States' 
of section 13, Article 8 of the present Constitution of Penn- 
sylvania, are evidently a relic from the time when the juris- 
diction of the Admiralty Courts was limited to tidal waters. 
The Genessee Chief, 12 Howard, 463, which was followed by 
The Eagle, 8 Wallace, 15, repudiated the tidal test of juris- 
diction, and held that the true criterion was whether the 
water was navigable. Hence, every navigable water of Penn- 
sylvania is subject to the jurisdiction of the United States 
Admiralty, and can be truthfully said to be a 'water of the 
United States/' 

"It was reasonable that under the old limits the consti- 
stitution should provide that for the purpose of voting, no 
person should be deemed to have lost his residence by reason 
of his absence while engaged in navigation, because the 
reason which was contemplated was a long voyage, but while 
the jurisdiction of the United States Courts in Admiralty 
does not extend over an inland lake entirely within the body 
of a state and in no way connected with the possibility of 
navigation outside the state, yet there are no such waters 
in Pennsylvania, and hence there is no present reason for 
retaining the words 'of the state/ 

"I think the words 'of the state' could be safely omitted 
by the Commission." 



Voting in Military or Naval Service. 

1 Section 3. When an elector shall be absent in the military 

2 or naval service of the commonwealth or of the United States 

3 under a requisition by the president, he may vote as if he were 



CONSTITUTIONAL AMENDMENT AND REVISION. 265 

Art. VI, Sec. 4 

4 present in his place of residence, subject to regulations pre- 

5 scribed by law. 

Note. 
Source: Article VIII, section 6: 

"Whenever srnj of the qualified electors of this common- 
wealth shall be in actual military service, under a requisition 
from the president of the United States or hj the authority 
of this commonwealth, such electors may exercise the right 
of suffrage in all elections by the citizens, under such regu- 
lations as are or shall be prescribed by law, as fully as if 
they were present at their usual places of election." 

Changes in Substance: None. 

Clarifying Changes: (1) The expressions "in actual military 
service," have been changed to read: "absent in military 
service" so as to make it clear that a person in military 
service and not absent from his place of voting is not in- 
cluded. 

(2) The expression "military service * * * by the 
authority of this commonwealth" has been changed to read: 
"military or naval service of the commonwealth," so as to 
make it clear that a person serving in a foreign army in 
consequence of a resolution of the general assembly approv- 
ing such service, is not absent on the kind of military service 
contemplated, and also to make it clear that a person absent 
on naval service may vote as if he were present in his place 
of residence. 

Changes in Style: The Commission's rules of style have been 
followed, 



Privileges of Electors. 

1 Section 4. Electors shall, except in cases of treason, felony 

2 and breach or surety of the peace, be privileged from arrest dur- 

3 ing their attendance on elections, and in going to and returning 

4 from them. 

Note. 
Source: Article VIII, section 5: 

"Electors shall in all cases except treason, felony and 
breach or surety of the peace, be privileged from arrest dur- 
ing their attendance on elections, and in going to and re- 
turning therefrom." 

Changes in Substance: None. 

Changes in Style: The concluding words in Article VIII, sec- 
tion 5, of the present constitution, "in going to and return- 
ing therefrom," are, of course, incorrect. They have been 
changed to read as in Article III, section 3, of the consti- 
tutions of 1790 and 1838. 



266 REPORT OF THE COMMISSION ON 

Art. VI, Sec. 5 

Election Offenses. 

1 Section 5. A person who shall give, or promise or offer to 

2 give a valuable consideration or reward for a vote at an election 

3 or for the withholding thereof, or who shall receive or agree to 

4 receive, for himself or for another, a valuable consideration or 

5 reward for a vote at an election or for the withholding thereof, 

6 shall forfeit the right to vote at such election. An elector whose 

7 right to vote shall be challenged for such cause before the elec- 

8 tion officers shall be required to swear or affirm that the subject 

9 matter of the challenge is untrue before his vote shall be received. 

10 A person convicted of wilful violation of an election law shall, 

11 in addition to the penalties prescribed by law, lose for four years 

12 the right to vote. 

13 In a trial of a contested election and in an investigation of 

14 elections, no testimony shall be withheld on the ground that it 

15 may criminate the witness or subject him to infamy. Such 

16 testimony shall not afterwards be used against him in a judicial 

17 proceeding except in a prosecution for perjury in giving such 

18 testimony. 

Note. 

Source: The section combines all provisions of the present con- 
stitution relating to the violation by an elector of the elec- 
tion law and the consequences of such violation; namely: 

(1) Article VIII, section 8: 

"Any person who shall give, or promise or offer to give, 
to an elector, any money, reward or other valuable consider- 
ation for his vote at an election, or for withholding the same, 
or who shall give or promise to give such consideration to 
any other person or party for such electors 7 vote or for the 
withholding thereof, and any elector who shall receive or 
agree to receive, for himself or for another, any money, re- 
ward or other valuable consideration for his vote at an elec- 
tion, or for withholding the same, shall thereby forfeit the 
right to vote at such election, and any elector whose right to 
vote shall be challenged for such cause before the election 
officers, shall be required to swear or affirm that the matter 
of the challenge is untrue before his vote shall be received." 

(2) Part of Article VIII, section 9: 

"* * * and any person convicted of willful violation 
of the election laws shall, in addition to any penalties pro- 
vided by law, be deprived of the right of suffrage absolutely 
for a term of four years." 

(3) Article VIII, section 10: 

"In trials of contested elections and in proceedings for 
the investigation of elections, no person shall be permitted 
to withhold his testimony upon the ground that it may 
criminate himself or subject him to public infamy; but such 



CONSTITUTIONAL AMENDMENT AND REVISION. 267 

Art. VI, Sees. 6, 7 

testimony shall not afterwards be used against him in any 
judicial proceedings except for perjury in giving such testi- 
mony." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed, 



Election Districts. 



1 Section 6. Townships and wards of cities or boroughs shall 

2 form or shall be divided into election districts of compact and 

3 contiguous territory as the court of quarter sessions may direct. 

4 An election district in a city of over one hundred thousand 

5 inhabitants shall be divided by the court of quarter sessions when 

6 at the next preceding election more than two hundred and fifty 

7 votes have been polled therein. Any other election district shall 

8 be divided when the court of quarter sessions shall be of opinion 

9 that the convenience of the electors and the public interests will 
10 be promoted thereby. 

Note. 

Source: Article VIII, section 11: 

"Townships, and wards of cities or boroughs, shall form 
or be divided into election districts of compact and con- 
tiguous territory, in such manner as the court of quarter 
sessions of the city or county in which the same are located 
may direct ; but districts in cities of over one hundred thou- 
sand inhabitants shall be divided by the courts of quarter 
sessions, having jurisdiction therein, whenever at the next 
preceding election more than two hundred and fifty votes 
shall have been polled therein; and other election districts 
whenever the court of the proper county shall be of opinion 
that the convenience of the electors and the public interests 
will be promoted thereby." 

Changes in Substance: None. 

Changes in Style: In the present constitution this section con- 
sists of one sentence. It relates, however, to two quite dis- 
tinct subjects; one, the power and duty of the court of 
quarter sessions to divide townships and wards of cities and 
boroughs into election districts; and the other, the duty to 
divide an election district under certain specified conditions. 



Election Officers. 

1 Section 7. In each election district there shall be an election 

2 board consisting of a judge and two inspectors chosen by the 

3 electors of the district. They shall hold office for two years. 



268 REPORT OF THE COMMISSION ON 

Art, VI, Sec. 7 

4 Each elector may vote for one candidate for jndge and for one 

5 candidate for inspector. Vacancies in election boards shall be 

6 be filled and election boards in new districts shall be created as 

7 prescribed by law. Each inspector shall appoint one clerk at 

8 each election. An election officer or clerk shall be privileged 

9 from arrest upon days of election and while engaged in making 

10 up and transmitting returns, except upon warrant of a court of 

11 record or of a judge thereof for election fraud, for felony, or 

12 for wanton breach of the peace. In a city he shall be exempt 

13 from jury duty. 

Note. 
Bourse: Article VIII, section 14: 

"District election boards shall consist of a judge and two 
inspectors, who shall be chosen annually by the citizens. 
Each elector shall have the right to vote for the judge and 
one inspector, and each inspector shall appoint one clerk. 
The first election board for any new district shall be selected, 
and vacancies in election boards filled, as shall be provided 
by law. Election officers shall be privileged from arrest 
upon days of election, and while engaged in making up and 
" transmitting returns, except upon warrant of a court of 
record or judge thereof, for an election fraud, for felony, or 
for wanton breach of the peace. In cities they may claim 
exemption from jury duty during their terms of service. 

Changes in Substance: None. 

Clarifying Amendment: As proposed the election boards will be 
• chosen biennially (at the municipal elections. See Article 
VII, section 1) instead of annually. At the present time the 
practice is to elect the members of election boards biennially. 
In spite of the wording of this section in the present consti- 
tution, the practice may be justified. Article XII, section 1 
of the present constitution (Amendment of November 2, 
1909), provides that "elections of local officers shall be held 
on a municipal election day." Article VIII, section 3, of the 
present constitution (Amendment of November 4, 1903), 
speaks of the municipal election day as ""in each odd-num- 
bered year," and the schedule to the amendments of 1909 
provides: "After the year 1910, * * * all terms of 
* * * election division officers shall begin on the first 
Monday of December in an odd-numbered year." 

Changes in Style: Beginning the section with the declaration 
that "In each election district there shall be an election 
board" makes the style of the section conform to that of 
Article V, section 8 and other sections in which provision 
is made for certain officers in each district. 



CONSTITUTIONAL AMENDMENT AND REVISION. 269 

Art. VI, Sec. 8 

Overseers of Elections. 

1 Section 8. The courts of common pleas shall appoint two per- 

2 sons of different political parties, qualified to serve on an elec- 

3 tion board, to be overseers of election in a district on petition of 

4 five electors of the county setting forth that such appointment is 

5 a reasonable precaution to secure the purity and fairness of the 

6 election. All the judges of the court able to act at the time shall 

7 concur in the appointment. 

8 The overseers of election, if they shall agree, shall decide any 

9 question with respect to the conduct of the election on which the 
10 members of the election board shall differ. 

Note. 
Source: Article VIII, section 16: 

"The courts of common pleas of the several counties of the 
commonwealth shall have power, within their respective 
jurisdictions, to appoint overseers of election to supervise 
the proceedings of election officers and to make report to the 
court as may be required ; such appointments to be made for 
any district in a city or county upon petition of five citiezns, 
lawful voters of such election district, setting forth that such 
appointment is a reasonable precaution to secure the purity 
and fairness of elections; overseers shall be two in number 
for an election district, shall be residents therein, and shall 
be persons qualified to serve upon election boards, and in 
each case members of different political parties; whenever 
the members of an election board shall differ in opinion the 
overseers, if thej shall be agreed thereon, shall decide the 
question of difference ; in appointing overseers of election all 
the law judges of the proper court, able to act at the time, 
shall concur in the appointments made." 

Changes in Substance: (1) The petitioners and overseers are not 
required to be residents of the district, because conditions 
may make this impossible even though the appointment of 
overseers may be urgently necessary. 

(2) The petitioners must be "electors." In Article VIII, 
section 16, of the present constitution, the petitioners must 
be "citizens." 

Clarifying Changes : Under the wording of the corresponding sec- 
tion in the present constitution, it is uncertain whether the 
court can only appoint overseers on the petition of five citi- 
zens, or whether the court can also appoint on its own mo- 
tion. The wording suggested adopts the first of these alter- 
natives. 

Changes in Style: The Commission's rules of style have been 
followed. 



270 REPORT OP THE COMMISSION OX 

Art. VI, Sees. 9, 10 

Time of Holding Elections. 

1 Section 9. The general election shall be held in each even- 



2 numbered year and the municipal election shall be held in each 

3 odd-numbered rear. Each shall be held on the Tuesday next fol- 
-k lowing the first Monday in November unless, with the consent of 

5 two-thirds of the members of each house of the general assembly, 

6 a different day shall be prescribed by law. 

Note. 

Source: (I) Article VIII, section 2 (Amendment of Noyember 2, 
1909): 

"The general election shall be held biennially on the Tues- 
day next following the first Monday of Noyember in each 
eyen-numbered year, but the general assembly may by law 
fix a different day. two-thirds of all the members of each 
house consenting thereto : Provided, That such election shall 
always be held in an even-numbered year." 

(2) Part of Article VIII, section 3: 

"* * * All elections for' (certain offices enumerated) 
''shall be held on the municipal election day: namely, the 
Tuesday next following the first Monday of November in 
each odd-numbered year, but the general assembly may by 
law fix a different day. two-thirds of all the members of each 
house consenting thereto: Provided, That such elections shall 
always be held in an odd-numbered year. * *' *" 

(See Article VII, section 1, infra, for the offices filled at a 
general and the offices filled at a municipal election.) 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Secrecy in Voting. 

1 Section 10. Elections by the citizens shall be by ballot or by 

2 other methods as prescribed by law. Whatever the method 

3 adopted, secrecy in voting shall be preserved. 

Note. 
Source: Article VIII, section P. which reads as follows: 

"All elections by the citizens shall be by ballot or by such 
other method as may be prescribed by law: Provided. That 
secrecy in voting be preserved." (Amendment of Nov. 5. 
1901.) 

Changes in Substance: None. 



CONSTITUTIONAL AMENDMENT AND REVISION. 271 

Art. VI, Sec. 11 

Clarifying Change : The wording suggested makes, it certain that 
secrecy in voting shall be preserved when the method of vot- 
ing is by ballot. The constitutions of 1790 and 1838 required 
all elections to be by ballot. Secrecy in the voting was not 
specifically provided for. In the present constitution the 
voting can be by ballot or by such other method as may be. 
prescribed by law. The concluding words of the section in 
the present constitution — "provided that secrecy in voting be 
preserved" — requires that secret voting be preserved when 
another method of voting than by ballot is adopted. It may 
also require secrecy when the method of voting by ballot is 
used. This, however, is only an inference. 

Changes in Style: The Commission's rules of style have been 
followed. 



Trial of Contested Elections. 

1 Section 11. The courts shall determine in the first instance 

2 contested elections of members of the general assembly, of gover- 

3 nor, and of lieutenant-governor. They shall finally determine all 

4 other contested elections. Laws shall be enacted designating the 

5 courts and judges by whom the several classes of election con- 

6 tests shall be tried, and regulating the manner of trial and mat- 

7 ters incident thereto. No law assigning jurisdiction, or regulat- 

8 ing its exercise, shall apply to a contest arising out of an election 

9 held before its enactment. 

Note. 
Source: Article VIII, section 17: 

"The trial and determination of contested elections of 
electors of president and vice president, members of the gen- 
eral assembly, and of all public officers, whether state, ju- 
dicial, municipal or local, shall be by the courts of law, or 
by one or more of the law judges thereof; the general as- 
sembly shall, by general law, designate the courts and judges 
by whom the several classes of election contests shall be 
tried, and regulate the manner of trial and all matters in- 
cident thereto; but no such law assigning jurisdiction, or 
regulating its exercise, shall apply to any contest arising 
out of an election held before its passage." 

Changes in Substance: None. 

Clarifying Changes: There is apparently a direct conflict in the 
present constitution between the provisions of this section 
and those of Article II, section 9, which provides: "Each 
house * * * shall judge of the election and qualifica- 
tions of its members." The conflict was referred to in the 
debates of the constitutional convention of 1873. Mr. D. N. 
White said: "I hope this simple statement of the case that 



272 REPORT OF THE COMMISSION ON 

Art. VI, Sec. 12 

it is in contradiction to what we have already fixed in the 
constitution will be sufficient to insure its being voted down." 
(Constitutional Debates, Vol. V, page 64.) It was not voted 
down, however, and when it came before the convention at a 
later date no reference was made to its contradiction with 
other provisions of the constitution. There is also appar- 
ently a direct conflict between the provisions of this section 
and those of Article IV, section 2, of the present constitu- 
tion, which provides that contested elections of governor 
and lieutenant-governor shall be determined by a committee 
selected from both houses of the general assembly. (Article 
IV, section 17, of the present constitution, provides that the 
chief justice of the supreme court shall preside at the trial.) 
In the contested election of McNeill, 111 Pa. 235, the Su- 
preme Court held that Article VIII, section 17, of the pres- 
ent constitution, did not take from each house the power 
given by Article II, section 9, to judge of the election and 
qualification of its members, and that the purpose of Article 
VIII, section 17, is merely to provide a method for procur- 
ing and presenting to the respective house the evidence and 
information necessary for an intelligent decision, and to se- 
cure early action. 

The provisions of the section proposed do away with these 
apparent conflicts in the present constitution and follow 
the established practice as sanctioned by the Supreme Court 
in the contested election of McNeill. 

Changes in Style: The Commission's rules of style have been 
followed. 



Elections by Representative Bodies. 

1 Section 12. Elections by representative bodies shall be viva 

2 voce. 

Note. 
Source: Article VIII, section 12: 

"All elections by persons in a representative capacity 
shall be viva voce." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 273 



Art. VII, Sec. 1 

ARTICLE VII. 



PUBLIC SERVANTS. 



Preliminary Note. 

Source: This article covers the subjects in the present constitu- 
tion treated under Article VI, Impeachment and Kemoval 
from Office; Article VII, Oath of Office; Article XII, Public 
Officers; as well as those parts of other articles containing 
general rules applicable to all or to a class of public serv- 
ants. 

Many of the provisions relating to these subjects are scat- 
tered throughout the constitution, as, for instance, the pro- 
visions in regard to incompatible offices, disqualifications 
from holding office, and removal of officers in other ways 
than impeachment. It is not necessary to emphasize the con- 
venience and greater certainty resulting from bringing to- 
gether in one article all the provisions relating to these sub- 
jects. 

Title: The title "Public Servants" has been adopted because the 
subject matter of some of the sections in the article includes 
employes as well as officers. 

Arrangement : The order of subjects is as follows : 

Times of election — section 1. 

Incompatible officers and disqualification from holding office 

— sections 2 and 3. 
Oath of office — section 4. 
Term and salary — section 5. 
Impeachment and removal — sections 6 and 7. 
Appointments and promotions — section 8. 
Bribery — section 9. 



Times of Elections. 



1 Section 1. Judges elected by the electors of the-commonwealth 

2 at large may be elected at general or municipal elections as pre- 

3 scribed by law. 

4 Other officers elected by the electors of the commonwealth at 

5 large shall be elected at general elections. 

6 Officers not elected by the electors of the commonwealth at 

7 large shall be elected at municipal elections. 

8 Special election days to fill unexpired terms may be prescribed 

9 by law. 

18 



274 REPORT OF THE COMMISSION ON 

Art. VII, Sec. 2 

Note. 
Source: (1) Part of Article VIII, section 3: 

"All judges elected by the electors of the state at large 
may be elected at either a general or municipal election, as 
circumstances may require. All elections for judges of the 
courts for the several judicial districts, and for county, city, 
ward, borough, and township officers, for regular terms of 
service, shall be held on the municipal election day; * * *" 
(Amendment of November 4, 1913.) 

(2) Part of Article XII, section 1: 

«* * * elections of state officers shall be held on a 
general election day and elections of local officers shall be 
held on a municipal election day, except when, in either case, 
special elections may be required to fill unexpired terms." 
(Amendment of November 2, 1909.) 

Changes in Substance: None. 

Clarifying Changes: In the present constitution there is a con- 
flict between the provisions of Article XII, section 1, for the 
election of "state officers" at general ejections, and the pro- 
visions of Article VIII, section 3, for the election of "judges" 
at municipal elections. The language of the section pro- 
posed permits the election of judges elected by the electors 
of the commonwealth at large on either a municipal or a 
general election day. 

' Changes in Style: The Commission's rules of style have been 
followed. 



Incompatible Offices. 



1 Section 2. No person shall be a member of the general as 



2 sembly or shall hold under the state government or under a 

3 municipality an office or place of trust or profit in respect of 

4 which he shall receive compensation, if he is a member of the 

5 congress or if he holds under the United States an office or place 

6 of trust or profit in respect of which he shall receive conipensa- 

7 tion. 

8 No person who holds the office of governor or, except as ex- 

9 pressly provided in this constitution, of lieutenant-governor 

10 shall hold under the state government or under a municipality 

11 another office of trust or profit. 

12 No person who holds under the state government the office of 

13 judge learned in the law shall hold under a municipality an of- 

14 fice or place of trust or profit in respect of which he shall receive 

15 compensation. 

16 No member of the general assembly shall, during the term for 

17 which he has been elected, hold under the state government or 

18 under a municipality an appointive office or place of trust or 

19 profit. 



CONSTITUTIONAL AMENDMENT AND REVISION. 275 

Art. VII, Sec. 2 

20 The office of attorney-at-law and office in the militia shall not 

21 be deemed an office or place of trust or profit within the meaning 

22 of- this section. 

23 Laws may be enacted declaring what other offices or places of 

24 trust or profit are incompatible with each other or with mem- 

25 bership in the general assembly. 

Source: The first paragraph covers that part of Article XI, sec- 
tion 2, of the present constitution which provides: 

"No member of congress from this state, or any person 
holding or exercising any office or appointment of trust or 
profit under the United States, shall at the same time hold 
or exercise any office in this state to which a salary, fees or 
perquisites shall be attached. * * *" 

and also that part of Article IV, section 6 of the present 
constitution which provides: 

"No member of congress or person holding any office under 
the United States or this state shall exercise the office of 
governor or lieutenant-governor." 

and also that part of Article II, section 6, which provides : 

"* * * No member of congress or other person holding 
any office (except of attorney-at-law or in the militia) under 
the United States or this commonwealth shall be a member 
of either house during his continuance in office." 

and also that part of Article V, section 18, which provides: 

"The justices of the supreme court, the judges of the su- 
perior court and the judges of the several courts of common 
pleas, and all other judges required to be learned in the law, 
* * * shall receive no other compensation * * * nor 
hold any other office of profit under the United States, this 
state or any other state." 

The second paragraph covers that part of Article IV, sec- 
tion 6, of the present constitution which provides: 

"No * * * person holding any office under * * * 
this state shall exercise the office of governor or lieutenant- 
governor." 

The third paragraph covers that part of Article V, section 
18, which provides : 

"No person shall be qualified to serve as an election officer 
who shall hold, or shall within two months have held, any 
office, appointment or employment in or under the govern- 
ment * * * of this state, or of any city, or county, or 
of any municipal board, commission or trust in any city, 
save only justices of the peace and aldermen, notaries public 
and persons in the militia service of the state. * * *" 



276 REPORT OF THE COMMISSION ON 

Art. VII, Sec. 3 

The fourth paragraph covers that part of Article II, sec- 
tion 6, of the present constitution which provides: 

"No senator or representative shall, during the time for 
which he shall have been elected, be appointed to any civil 
office under this commonwealth. * * *" 

The fifth paragraph covers that part of Article II, section 
6 of the present constitution which provides: 

"No * * * person holding any office (except of attor- 
ney-at-law or in the militia) under the United States or this 
commonwealth shall be a member of either house during his 
continuance in office." 

The sixth paragraph covers that part of Article XI, sec- 
tion 2, of the present constitution which provides: 

«• * * rpkg general assembly may by law declare what 
offices are incompatible." 

Changes in Substance: (1) The governor or lieutenant-governor 
may hold an office of trust or profit to which no compensa- 
tion is attached under the United States or the state govern- 
ment or under a municipality. 

(2) The provisions of the present constitution (Article 
VIII, section 15), in respect to election officers, are omitted. 

Clarifying Changes: (1) It is not clear, under Article II, section 
6, of the present constitution, what is the exact meaning of 
"civil office under this commonwealth," to which members of 
the general assembly cannot be appointed. Is every public 
office except a military office a "civil office," or are executive 
offices, only, "civil offices"? Does "commonwealth" mean 
state government, or does it include both state and munici- 
pal governments? 

The section as proposed prevents a member of the general 
assembly, during the term for which he was elected, from 
"holding any office or place of trust or profit under the state 
or a municipal government." 

(2) It is made clear that the office of attorney-at-law or an 
office in the militia is not an office of trust or profit within 
the meaning of the section. 

Changes in Style: The Commission's rules of style have been 
followed. 



Disqualifications From Holding Office. 

1 Section 3. No person shall be a member of the general as- 

2 sembly or shall hold, under the state government or under a 

3 municipality, an office or place of trust or profit if he has 

4 (a) Been convicted of embezzlement of public money, of 

5 bribery, of attempted bribery, of perjury or other in- 



CONSTITUTIONAL AMENDMENT AND REVISION. 277 

Art. VII, Sec. 3 

6 famous crime, or of fraud in connection with an election 

7 while a candidate for office or of wilful violation of an 

8 election law while a candidate for office; 

10 (b) Been convicted of having within five years, being a member 

11 of the general assembly or an officer of the state govern- 

12 ment, used the money of the state government for an 

13 unauthorized purpose or made a profit therefrom; 

14 (c) Been convicted upon impeachment; 

15 (d) Served as an election officer at the election at which such 

16 position of member of the general assembly or office or 

17 place of trust or profit was filled, except in the case of 

18 such municipal offices, other than county or city offices, 

19 as may be prescribed by law. 

Note. 
Source: Clause (a) includes (1) Article II, section 7, which 
provides : 

"No person hereafter convicted of embezzlement of 
public moneys, bribery, perjury or other infamous crime 
shall be eligible to the general assembly or capable of hold- 
ing any office of trust or profit in this commonwealth." 

Also (2) that part of Article III, section 32, which pro- 
vides : 

u* « * an y person convicted of either of the offenses 
aforesaid" (i. e., bribery or corrupt solicitation) "shall, as 
part of the punishment therefor, be disqualified from hold- 
ing any office or position of honor, trust* or profit in this 
commonwealth." 

And (3) that part of Article VIII, section 9, which pro- 
vides : 

"Any person who shall, while a candidate for office, be 
guilty of bribery, fraud or wilful violation of any election 
law, shall be forever disqualified from holding an office of 
trust or profit in this commonwealth ; and any person con- 
victed of wilful violation of the election laws shall, in addi- 
tion to any penalties provided by law, be deprived of the 
right of suffrage absolutely for a term of four years." 

This specifically disqualifies a person from holding public 
office who has been guilty of bribery and is a duplication of 
Article II, section 7, of the present constitution, which has 
been transferred to this clause. 

Clause (b) includes that part of Article IX, section 14, 
which provides: 

"The making of profit out of the public moneys or using 
the same for any purpose not authorized by law by any 
officer of the state, or member or officer of the general 
assembly * * * but part of such punishment shall be 
disqualification to hold office for a period of not less than 
five years." 



278 REPORT OF THE COMMISSION ON 

Art. VII, Sec. 3 

Clause (c) includes (1) that part of Article VI, section 3, 
which provides: 

"* * * but judgment in such cases" (cases of impeach- 
ment) "shall not extend further than to removal from office 
and disqualification to hold any office of trust or profit under 
this commonwealth. * * *" 

The wording of the clause as herein suggested would make 
it certain that conviction on impeachment of its own force 
disqualifies a person impeached, convicted and removed from 
office from thereafter holding any office of trust or profit. 
(See Eecommendations of Change in Substance [1], infra.) 

The clause also covers (2) that part of Article VII, section 
1, which provides: 

a* * * an y p erson » (i. e>? a member of the general 
assembly, officers of the state government and county of- 
ficers) "who shall be convicted of having * * * violated 
said oath or affirmation" (oath of office) "shall be * * * 
forever disqualified from holding any office of trust or 
profit within this commonwealth. * * *" 

We are of the opinion that no officer can be convicted of 
having violated his oath of office except by the process of 
impeachment. In other words, that there is no common law 
crime of "violation" of oath of office" for which a person can 
be indicted and conyicted, and therefore that the part of 
Article VII, section 1 of the present constitution, quoted is 
a duplication of the provisions of Article VI, section 3, of 
the present constitution which, as here explained, are covered 
by clause (c), as proposed. 

Indeed, the provisions, in the present constitution, of 
Article VII, section 1, in respect to disqualifications, are not 
as wide as those in Article VI, section 3. Under Article VI, 
section 3, of the present constitution, a municipal officer 
may be impeached and convicted and if so impeached and 
convicted, is disqualified from holding any office of trust or 
profit. Under Article VII, section 1, only members of the 
general assembly, state officers and county officers, being 
impeached and convicted, are disqualified from holding any 
place of trust or profit. 

Clause (d) includes that part of Article VIII, section 15, 
which provides: 

* nor shall any election officer be eligible to any 
civil office to be filled at an election at which he shall serve, 
save only to such subordinate municipal or local offices, be- 
low the grade of city or county offices, as shall be designated 
by general law." 

(For explanation of wording of clause [d], see Clarifying 
Amendments [3].) 



CONSTITUTIONAL AMENDMENT AND REVISION. 279 

Art. VII, Sec. 4 

Changes in Substance: None. 

Clarifying Changes: (1) In the present constitution, the wording 
of Article VI, section 3, leaves it uncertain whether con- 
viction on impeachment and removal from office necessarily 
include disqualification from thereafter holding office. In 
clause (c), as proposed, conviction on impeachment carries 
with it this disqualification. 

(2) In Article VI, section 3, of the present constitution, it 
is provided that the disqualification extends to holding an 
office of trust or profit "under this commonwealth." This 
leaves it uncertain whether a municipal office is an "office 
under the commonwealth." The same uncertainty exists in 
Article II, section 7, in Article III, section 32, in Article 
VI, section 1, and in Article VIII, section 9, of the present 
constitution. The wording of the section as proposed will 
make it certain that the disqualification extends to a muni- 
cipal office as well as to an office under the state govern- 
ment. 

(3) Article VIII, section 15, of the present constitution, 
provides that an election officer is not eligible to any "civil 
office" to be filled at an election at which he shall serve. 
Though, throughout the present constitution, the word "of- 
fice" or the words "civil office" usually do not include a 
member of the general assembly, we believe that the intent 
of the drafters of Article VIII, section 15, as it appears in 
the present constitution, was to prevent an election officer 
being elected to the general assembly. This is not certain, 
however. Clause (d) as proposed makes it certain that a 
person who serves as an election officer is ineligible to a 
seat in the general assembly. 

Changes in Style: The Commissions rules of style have been fol 
lowed. 



Official Oath. 



1 Section 4. Members of the general assembly, officers of the 

2 state government and county officers shall, before entering on 

3 the duties of their offices, take and subscribe the following oath 

4 or affirmation: "I do solemnly swear (or affirm) that I will sup- 

5 port, obey and defend the constitution of the United States and 

6 the constitution of the commonwealth ; and that I will discharge 

7 the duties of my office with fidelity." 

8 The foregoing shall be administered by a person authorized 

9 to administer oaths. In the case of judges of the supreme court 

10 and of the superior court and of executive officers of the state 

11 government, the oath shall be filed in the office of the secretary 

12 of the commonwealth. In the case of other judicial officers and 

13 of county officers, the oath shall be filed in the office of the pro- 



280 REPORT OF THE COMMISSION ON 

Art. VII, Sec. 4 

14 thonotary of the county in which it is taken. A person refusing 

15 to take such oath or affirmation shall forfeit his office. A person 

16 who shall be convicted of having sworn or affirmed falsely, or 

17 of having violated such oath or affirmation, shall be guilty of 

18 perjury, and shall be forever disqualified from holding any office 

19 of trust or profit in the commonwealth. The oath shall be ad- 

20 ministered to a member of the general assembly by a judge of 

21 the supreme court or of a court of common pleas, in the hall of 

22 the house to which the affiant has been elected. 

Note. 
Source: Article VII, section 1: 

"Senators and representatives and all judicial state and 
county officers shall, before entering on the duties of their 
respective offices, take and subscribe the following oath or 
affirmation: 'I do solemnly swear (or affirm) that I will 
support, obey and defend the constitution of the United 
States and the constitution of this commonwealth; and 
that I will discharge the duties of my office with fidelity; 
that I have not paid or contributed, or promised to pay or 
contribute, either directly or indirectly, any money or other 
valuable thing to procure my nomination or election (or 
appointment), except for necessary and proper expenses ex- 
pressly authorized by law; that I have not knowingly 
violated any election law of this commonwealth, or pro- 
cured it to be done by others in my behalf; that I will not 
knowingly receive, directly or indirectly, any money or other 
valuable thing for the performance or non-performance of 
any act or duty pertaining to my office, other than the com- 
pensation allowed by law." 

"The foregoing oath shall be administered by some person 
authorized to administer oaths, and in the case of state 
offices and judges of the supreme court, shall be filed in the 
office of the secretary of the commonwealth, and in the case 
of other judicial and county officers, in the office of the pro- 
thonotary of the county in which the same is taken; auy 
person refusing to take said oath or affirmation shall for- 
feit his office; and any person who shall be convicted of 
having sworn or affirmed falsely, or of having violated said 
oath or affirmation, shall be guilty of perjury, and be forever 
disqualified from holding any office of trust or profit within 
this commonwealth. The oath to the members of the senate 
and house of representatives shall be administered by one 
of the judges of the supreme court or of a court of common 
pleas, learned in the law, in the hall of the house to which 
the members shall be elected.'- 

Changes in Substance: (1) That part of the oath in the present 
constitution which requires the person to expressly state 
that he has not committed the crime of bribery to procure 
his appointment or election, or violated any election law is 



CONSTITUTIONAL AMENDMENT AND REVISION. 281 

Art. VII, Sec. 5 

omitted. The Commission believe that the person who 
would commit these crimes would not hesitate to swear that 
he had not done so, and they also believe that the recital 
of these omitted provisions at present greatly detract from 
the solemnity and dignity of every occasion on which the 
oath of office is administered. 

(2) The oaths of judges of the supreme court are required 
to be filed in the office of the secretary of the commonwealth 
and not, as at present, in the office of the prothonotary of 
the county in which it is taken, and the oaths of the judges 
of the superior court are also required to be filed in the 
office of the secretary of the commonwealth. 

Changes in Style: The Commission's rules of style have been 
followed. 



Extension of Term and Change of Compensation. 

1 Section 5. The term of a public officer shall not be extended 

2 and his compensation shall not be increased or decreased after 

3 his election or appointment except that the compensation of a 
4. judge required to be learned in the law may be increased. 

Note. 
Source: Article III, section 13: 

"No law shall extend the term of any public officer, or 
increase or diminish his salary or emoluments, after his 
election or appointment." 

Changes in Substance: The provision that a judge's salary may 
be increased but not diminished is new. Under the present 
constitution (Article III, section 13,) the salary of public 
officers can be neither increased nor diminished during his 
term. This has been held not to apply to judges (Common- 
wealth vs. Cathues, 210 Pa. 372). The Commission believe 
that a judge's salary should not be diminished but that it 
should be possible to increase it, because a judge serves for 
a longer term than other public officers. As proposed by 
the Commission and in the present constitution, the terms? 
of supreme court judges are twenty-one years, and of com- 
mon pleas judges, ten years. The terms of superior court 
judges, as proposed, are twenty-one years. The recent great 
increase in the cost of living demonstrates the desirability 
of permitting the general assembly to apply an increase in 
the salaries of long-term offices to a present incumbent. 

Changes in Style: The Commission's rules of style have been 
followed. 



282 REPORT OF THE COMMISSION ON 

Art. VII, Sec. 6 

Impeachment. 

1 Section 6. All officers of the state government shall be liable 

2 to impeachment for a misdemeanor in office. The power of im- 

3 peachment shall be vested in the house of representatives. An 

4 impeachment shall be tried by the senate after each senator has 

5 been put on special oath or affirmation. The person impeached 

6 can be convicted only with the consent of two-thirds of the 

7 senators present. Such conviction shall operate to remove from 

8 office the person convicted and to disqualify him from holding a 

9 public office or place of trust or profit, but shall extend no 

10 further. The person impeached, whether acquitted or convicted, 

11 may be liable to indictment, trial, judgment and punishment as 

12 prescribed by law. 

Note. 
Source: (1) Article VI, section 1: 

"The house of representatives shall have the sole power 
of impeachment." 

(2) Article VI, section 2: 

"All impeachments shall be tried by the senate; when 
sitting for that purpose the senators shall be upon oath or 
affirmation ; no person shall be convicted Avithout the con- 
currence of two-thirds of the members present." 

(3) Article VI, section 3: 

"The governor and all other civil officers shall be liable to 
impeachment for any misdemeanor in office, but judgment 
in such cases shall not extend further than to removal from 
office and disqualification to hold any office of trust or profit 
under this commonwealth ; the person accused, whether con- 
victed or acquitted, shall nevertheless be liable to indictment, 
trial, judgment and punishment according to law." 

Changes in Substance: None. 

Clarifying Changes: (1) In Article VI, section 3, of the pres- 
ent Constitution it is provided that all "civil officers" shall 
be liable to impeachment. It is uncertain whether "civil 
officers" include members of the general assembly, or the 
officers of a municipality. In the wording proposed, it is 
made certain that judges are and that municipal officers are 
not liable to impeachment by the house of representatives. 

(2) Article VI, section 3 of the present constitution pro- 
vides "but judgment in such cases shall not extend further 
than to removal from office." This leaves it uncertain 
whether conviction, of itself, removes from office. Under the 
wording proposed, it would be certain that conviction 
operated as a removal from office. 

Changes in Style: The Commission's rules of style have been 
followed. 



V CONSTITUTIONAL AMENDMENT AND REVISION. 283 

Art. VII, Sec. 7 

Removal Otherwise Than by Impeachment. 

1 Section 7. An officer who shall be convicted of an infamous 

2 crime or of a crime the commission of which involves the viola- 

3 tion of an obligation imposed on him as an officer, shall thereby 

4 forfeit his office and shall be otherwise punished as prescribed 

5 by law. 

6 Appointed officers, other than judges of courts of record, may 

8 be removed at the pleasure of the appointing power. 

9 Elected officers of the state government, except the governor, 

10 the lieutenant-governor, and judges of the courts of record, shall 

11 be removed by the governor for reasonable cause, after due notice 

12 and full hearing, on the address of two-thirds of the senate. 

13 i Judges of courts of record, other than the judges of the su- 

14 preme and superior courts, may be removed by the governor for 

15 reasonable cause after due notice and full hearing on the ad- 

16 dress of two-thirds of each house of the general assembly. 

Note. 
Source: (1) Part of Article V, section 15: 

"All judges required to be learned in the law, except the 
judges of the supreme court * * * for any reasonable 
cause, which shall not be sufficient ground for impeachment, 
the governor may remove any of them on the address of 
two-thirds of each house of the general assembly." 

(2) Part of Article VI, section 4: 

"All officers * * * shall be removed on conviction ol 
misbehavior in office, or of any infamous crime. Appointed 
officers, other 'than judges of the courts of record and the 
superintendent of public instruction, may be removed at 
the pleasure of the power by which they shall have been 
appointed. All officers elected by the people, except gov- 
ernor, lieutenant-governor, members of the general assembly 
and judges of the courts of record learned in the law, shall 
be removed by the governor for reasonable cause, after due 
notice and full hearing on the address of two-thirds of the 
senate." 

Changes in Substance: None. 

Clarifying Changes: The expression in the present constitution 
(Article VI, section 4), "conviction of misbehavior in office/' 
is without meaning. There is.no such crime as "misbehavior 
in office," either at common law or by statute. The wording 
of the first paragraph of the section as proposed probably 
expresses the meaning intended in the present constitution. 

Changes in Style: The Commission's rules of style have been 
followed. 



9 



284 REPORT OF THE COMMISSION ON 

Art. VII, Sees. 8, 9 

Appointments and Promotions. 

1 Section 8. Appointments and promotions in the civil service 
of the state government and of municipalities shall be accord- 
ing to merit and fitness to be ascertained, so far as practicable, 
by competitive examination. 

Note. 

Source: The section is entirely new. The Commission believes 
that the principle expressed is of such fundamental import- 
ance that it should find a place in the constitution. 



Bribery. 

1 Section 9. A member of the general assembly, or an officer 

2 or employe of the state government or of a municipality, who 

3 shall receive or agree to offer or receive for himself or for an- 

4 other any money, office, appointment, employment, testimonial, 

5 reward, thing of value or enjoyment, or of personal advantage or 

6 promise thereof to influence the performance of a public duty, 

7 or a person who shall give or promise or offer to give any money, 
S or thing of value, testimonial, privilege, or personal advantage 
9 to a member of the general assembly or to an officer or employe 

10 of the state government or of a municipality, to influence him 

1 1 in the performance of a public duty, shall be guilty of bribery, 
J 2 and shall be punished as prescribed by law. 

\lj In a prosecution for bribery or attempted bribery, or in an 

1 4 investigation thereof, no witness except the accused shall be 

15 permitted to withhold his testimony on the ground that it may 

16 criminate him or subject him to infamy. Such testimony shall 

17 not afterwards be used against the witness in a judicial proceed- 

18 ing except in a prosecution for perjury in giving such testimony. 

Source: (1) Article III, section 29: 

"A member of the general assembly who shall solicit, de- 
mand, or receive, or consent to receive, directly or indirectly, 
for himself or for another, from any company, corporation, 
or person, any money, office, appointment, employment, testi- 
monial, reward, thing of value or enjoyment, or of personal 
advantage, or promise thereof, for his vote or official in- 
fluence, or for withholding the same, or with an understand- 
ing, expressed or implied, that his vote or official action 
shall be in any way influenced thereby, or who shall solicit 
or demand any such money or other advantage, matter or 
thing aforesaid for another, as the consideration of his vote 
or official influence, or for withholding the same, or shall 
give or withhold his vote or influence in consideration of the 
payment or promise of such money, advantage, matter or 
thing, to another, shall be held guilty of bribery within the 



CONSTITUTIONAL AMENDMENT AND REVISION. 285 

Art. VII, Sec. 9 

meaning of this constitution, and shall incur the disabilities 
provided thereby for said offense, and such additional punish 
ment as is or shall be provided by law." 

(2) Article III, section 30: 

"Any person who shall, directly or indirectly, offer, give, or 
promise, any money, or thing of value, testimonial, privilege, 
or personal advantage, to any executive or judicial officer, 
or member of the general assembly, to influence him in the 
performance of any of his public or official duties, shall be 
guilty of bribery and be punished in such manner as shall 
be provided by law. 

(3) Article III, section 31: 

"The offense of corrupt solicitation of members of the 
general assembly or of public officers of the state or of any 
municipal division thereof, and any occupation or practice 
of solicitation of such members or officers to influence their 
official action, shall be defined by law and shall be punished 
by fine and imprisonment. 

(4) Part of Article III, section 32: 

"Any person may be compelled to testify in any lawful 
investigation or judicial proceeding against any person who 
may be charged with having committed the offense of 
bribery or corrupt solicitation, or practices of solicitation, 
and shall not be permitted to withhold his testimony upon 
the ground that it may criminate himself or subject him to 
public infamy; but such testimony shall not afterwards be 
used against him in any judicial proceeding, except for 
perjury in giving such testimony. * * *" 

Changes in Substance: The present constitution covers corrupt 
behavior of a member of the general assembly (Article III, 
section 29), and the corrupt behavior of any person who 
bribes or tries to bribe "any executive or judicial officer or 
member of the general assembly" (Section 30). It fails to 
cover the corrupt behavior of "officers of the state govern- 
ment or of a municipality." The section as proposed corrects 
this omission and also covers bribery of employes as well as 
of officers. 

Clarifying Changes: The provision in Article III, section 32 of 
the present constitution that "any person may be compelled 
to testify * * * against any person" in a bribery case 
has been assumed to refer only to witnesses other than the 
accused. The common-law principle that no man can be 
compelled to give evidence which will criminate him is in 
force in Pennsylvania and is embodied in the Act of May 
23, 1887, P. L. 158. So far as an accused person is concerned, 
it has been expressed in the foil! of rights, Article I, sec- 



286 REPORT OF THE COMMISSION ON 

Art. VIIL Sec. 1 

tion 9, which provides that "in all criminal prosecutions the 
accused * * * cannot be compelled to give evidence 
against himself." So far as mere witnesses are concerned, 
there are two exceptions to the general rule ; one in bribery 
cases, Article III, section 32, of the present constitution, in- 
cluded in this section, and the other in election cases, Article 
VIII, section 10, of the present constitution, Article VI, sec- 
tion 5, as proposed. The Commission have assumed that the 
exception with respect to bribery is not intended to conflict 
with the bill of rights and have therefore limited it to wit 
nesses other than the accused. 

Changes in Style : The proposed section contains in much briefer 
form the substance of those sections of the present constitu- 
tion from which it is derived. 



ARTICLE VIII 



TAXATION AND FINANCE. 



Preliminary Note. 

Source: Article IX of the present constitution. 

Arrangement: The order of subjects is as follows: 

Arrangement: The order of subjects is as follows: 

Taxation — sections 1, 2, 3. 

Debt of the state government — section 4. 

Pledging the credit of the state government — sections (i to 8, 

inclusive. 
Reserve funds of the state government — section 9. 
Eestrictions in regard to the paying out of public money - 

section 10. 
Punishment for misuse of moneys of the state government - 

section 11. 



Method of Taxation. 



1 Section 1. Taxes shall be levied and collected only as pre- 

2 scribed by general law. A tax shall be uniform upon the same 

3 class of subjects within the territorial limits of the taxing an- 

4 thority, except that an income or a decedent's estate below a 

5 minimum prescribed by law may be exempted from income and 

6 inheritance taxes. 



CONSTITUTIONAL AMENDMENT AND REVISION. 287 

Art. VIII, Sec. 1 

7 Laws may be enacted providing for the levying and collecting 

8 of a special tax on anthracite coal when prepared for market. 

9 An appropriation not exceeding the amount of the proceeds of 

10 such tax may be made by law for the relief of persons, corpora- 

11 tions, associations and municipalities injured or damaged by 

12 surface subsidence resulting from past or future mining of an- 

13 thracite coal. 

Note. 
Source: Part of Article IX, section 1: 

"All taxes shall be uniform, upon the same class of sub- 
jects, within the territorial limits of the authority levying 
the tax, and shall be levied and collected under general 
laws; • * *" 

Changes in Substance: (1) An income or a decedent's estate be- 
low a minimum prescribed by law may be exempted from 
income and inheritance taxes. The Supreme Court has held 
that such exemption is not permitted under the present con- 
stitution, except in the case of the collateral inheritance tax 
collected under a law enacted before the constitution became 
effective (Cope's Estate, 191 Pa. 1). The Commission be- 
lieve that the enactment of laws exempting small incomes 
and small estates from such taxes should be permitted. The 
majority of the Commission do not regard it as desirable to 
permit graduated income or inheritance taxes. 

(2) The Commission visited the City of Scranton and saw 
the conditions created by mine cave-ins. They believe those 
conditions present problems of grave importance. The sec- 
ond paragraph of the section as proposed is recommended 
for adoption to make possible a solution of the practical 
problems presented which will be fair to the public and the 
persons and corporations especially affected. 

Changes in Style: In the present constitution the part of Article 
IX, section 1, embodied in this section ends with the words 
"and shall be levied and collected under general laws." As 
uniformity is provided for in the first part of the section, 
the only possible meaning to attach to the words quoted 
would appear to be the prohibition against levying and col- 
lecting taxes by executive order. This is a very important 
provision and therefore we have made it the subject of the 
opening sentence of the revised section. 

The provision that "a reasonable exemption from inheri- 
tance taxes may be allowed" limits the rule of uniformity 
only. It does not limit the rule that "taxes must be levied 
and collected as prescribed by law." For this reason we 
have transposed the order of these clauses. 

The substance of the last clause of Article IX, section 1, 
of the present constitution lias been transferred to section 2, 
of this article, 



288 REPORT OF THE COMMISSION ON 

Art. VIII, Sec. 2 

Exemption From Taxation. 

1 Section 2. Laws may exempt from taxation only public prop- 

2 erty used for public purposes, places used for religious worship, 

3 places of burial not used or held for private profit, and institu- 

4 tions of purely public charity. Private property used for a part 

5 or all of the time for educational purposes shall only be exempted 

6 if the basic language of instruction is English and if the educa- 

7 tional standards are as high as in the public institutions with 

8 which it is intended to compete. 

Note. 

Sourse: (1) Part of Article IX, section 1: 

"* * * the general assembly may, by general laws, ex- 
empt from taxation public property used for public pur- 
poses, actual places of religious worship, places of burial not 
used or held for private or corporate profit and institutions 
of purely public charity." 

(2) Article IX, section 2: 

"All laws exempting property from taxation, other than 
the property above enumerated, shall be void." 

Changes in Substance : Article IX, section 2, in the present con- 
stitution, permits exemptions where the property is used for 
an educational purpose by institutions of purely public 
charity. The concluding sentence of the section suggested 
makes it possible for laws to exempt only (a) if the corpora- 
tion, association or institution using the property for a part 
or all of the time for educational purposes employs English 
as "the principal language of instruction," and (b) "if the 
educational standards are as high as in the public institu- 
tions with which it is intended to compete." Your Commis- 
sion believe that private educational efforts should be dis- 
couraged when they tend to prevent persons from acquiring 
a knowledge of the English language, or give an education 
inferior to that which they would obtain in the public 
schools. (Compare Article XI, section 6, as proposed.) 

The words "for a part or all of the time" have been used 
to prevent exemption from taxation being given property 
used for a school where a foreign language is employed as 
the principal language of instruction or the standard of in- 
struction is below that of the public schools, on the ground 
that it is also used for and therefore it is place of religious 
worship. 

Changes in Style: The Commission's rules of style have been 
followed. 

The requirement that all exemptions must be by general 
laws is omitted because covered by Article III, section 20, 
clause (o). 



CONSTITUTIONAL AMENDMENT AND REVISION. 289 

Art. VIII, Sees. 3, 4 

Power to Tax not to be Surrendered. 

1 Section 3. The power to tax shall not be surrendered or sus- 

2 pended by contract or grant. 

Note. 

Source: Article IX, section 3: 

"The power to tax corporations and corporate property 
shall not be surrendered or suspended by any contract or 
grant to which the state shall be a party." 

Changes in Substance: None. 

Clarifying Change: Under the wording of the present constitu- 
tion, it may be regarded as doubtful whether a municipality 
can or cannot surrender its power to tax. Under the word- 
ing proposed by the Commission, this doubt is removed. The 
section as worded is not limited in its application to the 
state government. 

Changes in Style: The Commission's rules of style have been 
fol}owed. 



limitation on State Debt. 

1 Section 4. A debt shall be created by the state government 

2 only to supply casual deficiencies of revenue not exceeding one 

3 million dollars, to repel invasion, to suppress insurrection, to 

4 defend the commonwealth in war, to pay existing debts, to im- 

5 prove and rebuild highways in the state and to acquire land in 

6 the state for forest purposes. A debt for highways shall not be 

7 incurred in excess of one hundred and fifty million dollars, or for 

8 forest purposes in excess of twenty-five million dollars. A debt 

9 for highway or forest purposes shall be created only with the con- 

10 sent of two-thirds of each house of the general assembly and with 

11 the consent of a majority of the electors of the commonwealth 

12 voting on the question ; except that the adoption of this consti- 

13 tution by the electors shall be taken to authorize a law providing 

14 for the issuance of bonds for forest purposes not in excess of 

15 three million, one hundred and twenty-five thousand dollars an- 

16 nually for eight years. 

Note. 
Source: Article IX, section 4 (Amendment of Nov. 5, 1918): 

"No debt shall be created by or on behalf of the state, ex- 
cept to supply casual deficiencies of revenue, repel invasion, 
suppress insurrection, defend the state in war, or to pay 
existing debt ; and the debt created to supply deficiencies in 
revenue shall never exceed in the aggregate, at any one time, 
one million^ dollars : Provided, however, That the general 
assembly, irrespective of any debt, may authorize the state 
19 



290 . REPORT OF THE COMMISSION ON 

Art. VIII, Sees. 5, 6 

to issue bonds to the amount of fifty millions of dollars for 
the purpose of improving and rebuilding the highways of the 
commonwealth." 

Changes in Substance: (1) The amount which can be borrowed 
for highways is increased from fifty million to one hundred 
and fifty millions of dollars. 

(2) A debt not exceeding twenty-five million dollars may 
be created for forest purposes. 

(3) A bill authorizing a debt to improve and rebuild high- 
ways or for forest purposes must be passed by a two-thirds 
vote of the members elected to each house and must also re- 
ceive the consent of a majority of the electors of the com- 
monwealth voting on the question, except that the adoption 
of the proposed constitution by the electors shall be taken 
to authorize a law providing for the issuance of bonds for 
forest purposes not in excess of three million, one hundred 
and twenty-five thousand dollars annually for eight years. 

Changes in Style : Article IX, section 4, of the present constitu- 
tion (Amendment of November 5, 1918), provides that "No 
debt shall be created by or on behalf of the state govern- 
ment." We have omitted the words "on behalf of" because a 
debt of the state government can be created only by an 
authorized agent of the state government and when created 
by such agent is created by the state government. 



Law Shall State Purpose of Loan. 

1 Section 5. A law authorizing the borrowing of money by the 

2 state government shall specify the purpose of the loan. The 

3 money borrowed shall be used only for such purpose. 

Note. 
Source: Article IX, section 5: 

"All laws, authorizing the borrowing of money by and on 
behalf of the state, shall specify the purpose for which the 
money is to be used, and the money so borrowed shall be 
used for the purpose specified and no other." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Amortization of State Debt. 

1 Section 6. The state government shall not incur a debt matur- 

2 ing more than fifty vears thereafter. 

3 If serial bonds are issued for a debt, the aggregate amount of 

4 principal and interest pavable in respect to the debt in any year 

5 shall not be less than the amount payable in any later year 






CONSTITUTIONAL AMENDMENT AND REVISION. g 291 

Art. VIII, Sec. 6 

6 If serial bonds are not issued, the state government shall main- 

7 tain by law a sinking fund sufficient to pay the accruing interest 

8 on such debt and annually to reduce the principal by a sum not 

9 less than three per centum of such principal. The money of the 

10 sinking fund shall be invested only in the bonds of the United 

11 States or of the state government. 

Note. 
Source: (1) Article IX, section 11: 

"To provide for the payment of the present state debt, 
and any additional debt contracted as aforesaid, the general 
assembly shall continue and maintain the sinking fund suf- 
ficient to pay the accruing interest on such debt, and an- 
nually to reduce the principal thereof by a sum not less 
than two hundred and fifty thousand dollars ; the said sink- 
ing fund shall consist of the proceeds of the sales of the 
public works or any part thereof, and of «the income or pro- 
ceeds of the sale of any stocks owned by the commonwealth, 
together with other funds and resources that may be desig- 
nated by law, and shall be increased from time to time by 
assigning to it any part of the taxes or other revenues of 
the state not required for the ordinary and current expenses 
of government; and unless in case of war, invasion or in- 
surrection, no part of the said sinking fund shall be used 
or applied otherwise than in the extinguishment of the 
public debt." 

(2) Article IX, section 12: 

"* * * and the moneys of the sinking fund shall never 
be invested or loaned upon the security of anything, except 
the bonds of the United States or of this state." 

Changes in Substances: (1) The section as proposed limits the 
date of maturity of a debt of the state government to a 
period of not more than fifty years. The useful life of the 
average public improvement does not exceed that time. The 
fifty-year period corresponds to the provision which has been 
adopted for municipal debts. (See Article XIII, section 
18). Furthermore, as the state government is permitted, by 
the proposed constitution, to issue serial bonds, it is neces- 
sary to state in the constitution the maximum life which 
may be given to the longest bond in the series. 

(2) It permits the state government to discard the sink- 
ing fund method of amortization and adopt the more modern 
and, your Commission believe, the better method of issuing 
bonds a definite fraction of which shall fall due each year. 

(3) The provisions in the present constitution and in the 
section as adopted by the Commission, attempting to direct 
what the sinking fund shall consist of, are omitted. As 
worded, the present provisions raise several important ques- 
tions which it is not easy to answer. Thus, it is stated that 



292 REPORT OF THE COMMISSION ON 

Art. VIII, Sec. 7 

the sinking fund is to consist of the income or proceeds of 
the sale of stocks owned by the state government. Is this 
confined to stocks acquired by purchase by the state govern- 
ment? If it is not, suppose A dies and leaves a specific 
legacy of designated stocks to the state: Do the income or 
proceeds of the sale of these stocks have to be paid into the 
sinking fund? It is entirely clear that the proceeds of the 
sale of the stock by an administrator where the state es- 
cheats to the commonwealth do not have to be paid into 
the sinking fund ? If they did have to be paid into the sink- 
ing fund, there is a conflict between the provisions of this 
section and Article XI, section 5, which requires that all 
money derived from escheated estates shall become part of 
the state school fund. The present constitution also pro- 
vides that the sinking fund shall be increased from time to 
time by assigning to it any part of the taxes or other revenue 
of the state government not required for the "ordinary and 
current expenses of government." Is it entirely clear that 
the proceeds of a special tax levied for an extraordinary 
purpose — as to build a bridge across the Delaware — would 
not have to be paid into the sinking fund as not being an 
ordinary and current expense? If the words "ordinary and 
current" are to have any meaning what is their meaning? 
— except an expression of the principle that so long as there 
are state debts to be paid no revenue can be raised for what 
the supreme court might regard as an extraordinary pur- 
pose. 

Even if the intent of the provisions could be made plain, 
your Committee do not regard it as desirable that the con- 
stitution should attempt to designate the nature of the 
assets of the sinking fund. 

(4) The requirement in Article IX, section 11 of the pre- 
sent constitution, that the sinking fund shall be sufficient 
to pay accruing interest on the debt and reduce the principal 
by $250,000, has been changed so as to require the reduction 
of the principal by three per centum annually. 

(5) In the present constitution the sinking fund may be 
used for purposes other than the reduction of the public 
debt, in case of war, invasion or insurrection. The sug- 
gested section omits these exceptions. 

Changes in Style: The Commission's rules of style have been 
followed. 



State Credit Not to be Pledged. 

1 Section 7. The state government shall not pledge or lend its 

2 credit to an individual, corporation or association and shall not 

3 become a stockholder or an owner in a corporation or associa- 

4 tion. 



CONSTITUTIONAL AMENDMENT AND REVISION. 293 

Art. VIII, Sec. 8 

Note. 

Source: Article IX, section 6: 

"The credit of the common wealth shall not be pledged or 
loaned to any individual, company, corporation or associa- 
tion, nor shall the commonwealth become a joint owner or 
stockholder in any company, association or corporation." 

Changes in Substance: None. 

Clarifying Changes: Under the wording of Article IX, section 
6 in the present constitution, prohibiting the commonwealth 
from becoming a "joint owner or stockholder" it is not en- 
tirely clear whether the word "joint" is intended to qualify 
the word "owner" and the word "stockholder." If it does, 
it would follow that the state government could become the 
sole owner of all the stock of a corporation but could not 
become the owner of part of the stock and thus share respon- 
sibility with private owners. We believe the re-wording sug- 
gested, which, by omitting the word "joint," makes it clear 
that the state government shall not own the stock or other 
evidence of ownership of a corporation or an incorporated 
association, expresses a fundamental rule which should not 
be subject to possible qualifications. 

Changes in Style: The Commission's rules of style have been 
followed. 



Municipal Debt Not to be Assumed by State. . 

1 Section 8. The state government shall not assume the debt 

2 of a municipality unless contracted to enable the commonwealth 

3 to repel invasion, to suppress insurrection or to defend itself in 

4 war. 

Note. 
Source : Article IX, section 9 : 

"The commonwealth shall not assume the debt, or any 
part thereof, of any city, county, borough or township, un- 
less such debt shall have been contracted to enable the state 
to repel invasion, suppress domestic insurrection, defend 
itself in time of war, or to assist the state in the discharge 
of any portion of its present indebtedness." 

Changes in Substance: The use of the word "municipality" in 
the proposed section, instead of "city, county, borough or 
township," applies the principle enumerated in the section 
to any municipality, as "municipality" is defined in Article 
XIII, section 1. 

Changes in Style: Article IX, section 9 of the present constitu- 
tion, provides that the state may assume the debt of a "city, 
county, borough or township" when the debt has been con- 



294 REPORT OF THE COMMISSION ON' 

Art. VIII, Sees. 9, 10 

tracted "to assist the state in the discharge of any portion 
of its present indebtedness." This has been omitted^ as 
obsolete. No part of the present indebtedness of any munici- 
pality has been contracted for such a purpose. 

The Commission's rules of style have been followed. 



Reserve Funds. 



1 Section 9. The money held as necessary reserve by the state 

2 government shall be limited by law to the amount required for 

3 current expenses and shall be secured and kept as prescribed by 

4 law. Monthly statements shall be published showing the amount 

5 of such money, where it is deposited, and how it is secured. 

Note. 
Source: Article IX, section 13: 

"The moneys held as necessary reserve shall be limited 
bylaw to the amount required for current expenses, and 
shall be secured and kept as may be provided by law. 
Monthly statements shall be published showing the amount 
of such moneys, where the same are deposited, and how 
secured.' 7 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Paying Out Public Money. 

1 Section 10. Money shall be paid out of the state treasury 

2 only on appropriations made by law and on warrant by the 

3 proper officer in pursuance thereof. 

Note. 

Source : Article III, section 16 : 

"No money shall be paid out of the treasury, except upon 
appropriations made by law, and on warrant by the proper 
officer in pursuance thereof." 



Changes in Substance: None. 

nges in S 
followed. 



Changes in Style: The Commission's rules of style have been 



CONSTITUTIONAL AMENDMENT AND REVISION. 295 

Art. VIII, 11; Art. IX 

Misuse of Public Moneys. 

1 Section 11. An officer or an employe of the state government 

2 or of a municipality or a member of the general assembly who 

3 shall make or attempt to make a profit out of the money of the 

4 state government or of a municipality or shall use it for an 

5 unauthorized purpose, shall be guilty of a misdemeanor and 

6 shall be punished as prescribed by law. 

Note. 

Source: Part of Article IX,. section 14: 

"The making of profit out of the public moneys or using 
the same for any purpose not authorized by law by any officer 
of the state, or member or officer of the general assembly, 
shall be a misdemeanor and shall be punished as may be 
provided by law, * * * 

Changes in Substance: The principle expressed in Article IX, 
section 4 of the present constitution has been extended to 
"employes." 

Clarifying Changes: (1) Under the present constitution, it is 
not clear whether "public moneys" include moneys belong- 
ing to a municipality or only moneys of the state government. 
Again it is not clear whether "officer of the state" includes 
any officer who is not an officer of the state government. 
In view of the fact that, in the present constitution, this 
section follows a section which evidently deals exclusively 
with money of the state government, it is probably that the 
drafters of the section intended ot confine its provisions to 
officers of the state government misusing state money. As 
proposed, the section is worded so as to include the officers 
of a municipality. 

(2) It is made clear that an attempt to make a profit is 
covered by this section. 

Changes in Style: The Commission's rules of style have been 
followed. 

The last part of Article IX, section 14, of the present constitu- 
tion, referring to«la disqualification for holding office has 
been transferred to Article VII, section 3. 



ARTICLE IX. 



CORPORATIONS. 



Preliminary Note. 

Source: Article XVI of the present constitution, in so far as 
the provisions of that article relate to all private corpora- 
tions and are not special regulations of public utilities. 



296 REPORT OF THE COMMISSION Oj* 

Art. IX, Sec. 1 

Title: Article XVI of the present constitution is entitled "Pri- 
vate Corporations." The Commission have entitled this 
article "Corporations" because, except where specially 
limited by the wording of the section to a particular class of 
corporations, the provisions relate . to all corporations, 
whether or not they are engaged in the operation of a public 
facility, as a railroad or a telegraph. Furthermore, since 
the word "corporation" is used throughout the proposed 
constitution as defined in this article, section 13, and is 
never used as including "muicipal corporations," it is not 
necessary to indicate in the title to this article that such 
public corporations are not included. 

Arrangement: The order of subjects is as follows: 
Corporate powers — section 1. 
Corporate securities — sections 2 to 4 inclusive. 
Corporate elections — section 5. 
Foreign corporations — section 6. 
Miscellaneous — sections 7 to 12 inclusive. 
Definition — section 13. 



Corporate Powers. 

1 Section 1. A corporation shall engage only in the business 

2 authorized- by its charter. 

Note. 
Source : Article XVI, section 6 : 

"No corporation shall engage in any business other than 
that expressly authorized in its charter, nor shall it take or 
hold any real estate except such as may be necessary and 
proper for its legitimate business." 

Changes in Substance: The provision in the present constitu- 
tion that a corporation cannot J^old any real estate except 
such as may be necessary and proper for its business has 
been omitted because if it only means that a corporation 
cannot hold any real estate for the purpose of engaging in 
a business not authorized by its charter, such holding is pre- 
vented by the wording of the section herein suggested. If 
the wording of the present constitution may be interpreted 
as preventing a corporation holding for its future use in its 
authorized business more property than it is actually using 
in its business at the moment, the provision is harmful, 
because it prevents persons carrying on business in corporate 
form from acting in the conduct of their business as ordi- 
nary prudent business men should act, in that it prevents 
them from securing sufficient real estate to anticipate what 
they may reasonably expect to be the needs of their business. 



CONSTITUTIONAL AMENDMENT AND REVISION. 297 

Art. IX, Sec 2 

Changes in Style: The Commission's rules of style have been 
followed. 



Stocks and Bonds. 



1 Section 2. Subject to such regulations as to issue and sale 

2 as may be prescribed by law or by an agency established , by law, 

3 shares of stock may be issued with or without par value. Shares 

4 of stock having par value shall be issued as full paid only for the 

5 equivalent of such par value in money, labor done or property 

6 received, except that a corporation may issue additional full 

7 paid shares as prescribed by law or by an agency created by law, 

8 for a consideration in money, labor done or property equal to the 

9 current market value of its shares theretofore issued. Neither 

10 the stock nor the indebtedness of corporations shall be increased 

11 except in pursuance of general law or without the consent of 

12 the holders of the larger amount in value of the stock first ob- 

13 tained at a meeting to be held after thirty days' notice given in 

14 pursuance of law. 

Note. 
Source: Article XVI, section 7: 

"No corporation shall issue stocks or bonds except for 
money, labor done, or money or property actually received; 
and all fictitious increase of stock or indebtedness shall be 
void. The stock and indebtedness of corporations shall not 
be increased except in pursuance of general law, nor without 
the consent of the persons holding the larger amount in value 
of the stock, first obtained at a meeting to be held after 
sixty days' notice given in pursuance of law." 

Changes in Substance: (1) That part of the section herein pro- 
posed which provides that a corporation may issue full-paid 
shares for a consideration equal to the current market value 
of the shares heretofore issued, makes it possible for a 
corporation whose shares are below par on the market to 
procure additional capital by issuing and selling additional 
stock below par, provided the price paid by the subscriber is 
not less than the current market value of the shares thereto- 
fore issued. The majority of the Commission believe that 
this exception to the general principle that shares of stock 
shall not be issued for a value received by the corporation 
less than that stated on the certificate is wise, because other- 
wise a corporation whose stock is below par is prevented 
from securing additional capital by increasing the amount 
contributed by the owners, and therefore is obliged to secure 
such additional capital by increasing its liabilities to out- 
siders. The possible abuse of the privilege of issuing, under 
the conditions set forth, stock at less than par, is, in the 



298 REPORT OF THE COMMISSION ON 

Art. IX, Sec 3 

judgment of the majority of the Commission, sufficiently 
safeguarded in the provisions providing for public notice to 
be specified in the act regulating the exercise of this consti- 
tutional power, or by an agency created by law. 

(2) The provision of Article XVI, section 7, of the present 
constitution, requiring bonds to be issued only for money, 
labor done or property actually received, has been omitted. 

(3) The sixty days' notice required in the present constitu- 
tion for a meeting to pass on proposed issues of stock or in- 
debtedness is reduced to thirty days. 

Clarifying Changes: (1) The statement that stock may be 
issued without par value prevents the possiblity of the rest 
of the section being interpreted as indirectly prohibiting 
stock being issued without par value. There is a possibility 
of this question being raised under the wording of Article 
XVI, section 7, in the present constitution. 

(2) The provisions in Article XVI, section 7, of the 
present constitution, that "all fictitious increase of stock or 
indebtedness shall be void," is omitted. The provision is 
ambiguous and therefore merely invites litigation, as there 
is no basis for determining what a fictitious issue is. To en- 
force literally the provision would often do great injustice 
to innocent holders of such securities who buy in good faith 
without knowledge of the original infirmity of issue. 

Changes in Style: The Commission's rules of style have been 
followed. 



Investment of Trust Funds. 

1 Section 3. No law shall authorize fiduciaries to invest in 

2 stock or securities issued by a corporation except in bonds ap- 

3 proved by an agency created by law. 

Note. 

Source: Article III, section 22: 

"Xo act of the general assembly shall authorize the in- 
vestment of trust funds by executors, administrators, guar- 
dians or other trustees, in the bonds or stocks of any private 
corporation, and such acts now existing are avoided saving 
investments heretofore made." 

Changes in Substance: The provisions permitting investment in 
the bonds of a corporation when the investment is approved 
by an agency created by law is new. The Commission be- 
lieve that, as thus carefully safe-guarded, the extension of 
possible trust investments under the wording of the pro- 
posed section is advisable. The bonds of many corporations 
secured by a first mortgage are, from the point of view of the 
careful investor, absolutely safe. 



CONSTITUTIONAL AMENDMENT AND REVISION. 299 

Art. IX, Sees. 4, 5 

Changes in Style: The provision in the present constitution 
"and such acts now existing are avoided saving investments 
heretofore made" is omitted because it has become obsolete. 



Bank Notes and Bills. 

1 Section 4. A note or bill issued for circulation by a banking 

2 corporation shall be registered and countersigned by an officer 

3 of the state government, and its payment shall be secured by the 

4 deposit of security to the full amount thereof with the state 

5 treasurer. The method of registering, countersigning and secur- 

6 ing payment shall be prescribed by law. 

Note. 
Source: Article XVI, section 9: 

"Every banking law shall provide for the registry and 
countersigning, by an officer of the state, of all notes or bills 
designed for circulation, and that ample security to the full 
amount thereof shall be deposited with the auditor general 
for the redemption of such notes or bills." 

Changes in Substance: Security must be deposited with the 
state treasurer, not with the auditor general as required by 
the present constitution. 

Changes in Style: The words "banking law" in Article XVI, 
section 9, of the present constitution, must be interpreted in 
a special technical meaning as denoting "a law regulating 
the issue by banks of bills and notes for circulation as 
money," or the section is meaningless. The wording of the 
section herein proposed avoids this necessity. 



Cumulative Voting. 



1 Section 5. In elections for directors or managers of a corpora- 

2 tion each member or voting stockholder may cast his votes for 

3 one candidate, or may distribute them among two or more candi- 

4 dates. 

Note. 
Source: Article XVI, section 4: 

"In all elections for directors or managers of a corporation 
each member or shareholder may cast the whole number of 
his votes for one candidate, or distribute them upon two or 
more candidates as he may prefer." 



Changes in Substance: None. 



300 REPORT OF THE COMMISSION ON 

Art. IX, Sees. 6, 7 

Clarifying Changes: Article XVI, section 4 of the present 
constitution is worded as if there never was an agreement 
between stockholders that the holders of a certain class of 
stock were without voting power. In practice, stock without 
voting rights is issued and your Commission do not believe 
that the constitution should be so worded as to throw a 
doubt on the legality of the restriction. The re-wording of 
the section as herein suggested therefore expressly confines 
the right of cumulative voting to those members or stock- 
holders who have voting rights. 

Changes in Style: The Commission's rules of style have been 
followed. 



Foreign Corporations. 

1 Section 6. A foreign corporation shall not do business in this 

2 state without having in the state a known place of business and 

3 without making the secretary of the commonwealth an agent of 

4 the corporation upon whom process may be served. 

Note. 

Source: Article XVI, section 5: 

"No foreign corporation shall do any business in this 
state without having one or more known places of business 
and an authorized agent or agents in the same upon whom 
process may be served." 

Changes in Substance: The existing statutory law (see Act of 
June 8, 1911, L. 710), requires a foreign corporation doing 
business in the state to designate the secretary of the com- 
monwealth as its agent upon whom process may be served. 
It does not require such corporation to designate an agent in 
its place or agents in its places of business. The present 
practice, irrespective of whether it conforms to the existing 
constitutional requirement, efficiently protects persons hav- 
ing claims against such foreign corporations which they 
desire to prosecute in the courts. The wording of the section 
suggested would make the constitutional requirement con- 
form to a rule that has been proved to be satisfactory. 

Changes in Style: The Commission's rules of style have been, 
followed. 



Commonwealth's Rights of Eminent Domain and Police Power. 

1 Section 7. The exercise of the right of eminent domain shall 

2 not be abridged or so construed as to prevent the taking by law 

3 of the property and franchises of corporations and subjecting 



CONSTITUTIONAL AMENDMENT AND REVISION. 301 

Art. IX, Sec. 8 

4 them to public use the same as the property of individuals. The 

5 exercise of the police power shall uot be abridged or so construed 

6 as to permit corporations to conduct their business in such man- 

7 ner as to infringe the equal rights of individuals or the general 

8 well-being of the state. 

Note. 
Source: Article XVI, section 3: 

"The exercise of the right of eminent domain shall never 
be abridged or so construed as to permit the general assem- 
bly from taking the property and franchises of incorporated 
companies, and subjecting them to public use, the same as 
the property of individuals; and the exercise of the police 
power of the state shall never be abridged or so construed 
as to permit corporations to conduct their business in such 
manner as to infringe the equal rights of individuals or the 
general well-being of the state." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Corporate Obligations Owned by State. 

1 Section 8. Except as prescribed by law, an obligation of a 

2 corporation held or owned by the state government shall not be 

3 exchanged, transferred, remitted, postponed, diminished or dis- 

4 charged except by payment thereof into the state treasury. 

Note. 
Source: Article III, section 24: 

"No obligation or liability of any railroad or other cor- 
poration, held or owned by the commonwealth, shall ever be 
exchanged, transferred, remitted, postponed or in any way 
diminished by the general assembly, nor shall such liability 
or obligation be released, except by payment thereof into 
the state treasury." 

Changes in Substance: The restrictions of the section are con- 
fined to cases where no provision for dealing with the sub- 
ject has been prescribed by law. The Commission believe 
that the state government should have the right to make 
regulations under which it could deal with the obligations 
of a corporation held by it in any manner conducive to the 
public interest, and that it may be that in order to safe- 
guard the interests of the state government as an owner of 
corporate securities, the state government should be per- 
mitted to exchange, transfer or even to remit, postpone or 
diminish the obligation. 

Changes in Style: The Commission's rules of style have beer 
followed. 



302 REPORT OF THE COMMISSION ON 

Art. IX, Sees. 9, 10 

Statutes of Limitations. 

1 Section 9. No law shall discriminate between corporations 

2 and individuals with respect to the time in which suit may be 

3 brought against either. 

Note. 
Source : Part of Article III, section 21 : 

«* * * ^tq ac t s hall prescribe any limitations of time 
within which suits may be brought against corporations for 
injuries to persons or property, or for other causes, different 
from those fixed by general laws regulating actions against 
natural persons, and such acts now existing are avoided." 
(Amendments of November 2, 1915.) 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Revocation and Alteration of Corporate Charters. 

1 Section 10. Laws may be enacted for the alteration, revoca- 

2 tion, or annulment of corporate charters revocable when this 

3 constitution becomes effective or thereafter granted when such 

4 charters shall be deemed injurious to the citizens of the common- 

5 wealth, in such manner, however, that no injustice shall be done. 

Note. 
Source: Article XVI, section 10: 

"The general assembly shall have the power to alter, re- 
voke or annul any charter of incorporation now existing 
and revokable at the adoption of this constitution, or any 
that may hereafter be created, whenever in their opinion it 
may be injurious to the citizens of this commonwealth, in 
such manner, however, that no injustice shall be done to the 
corporators. No law hereafter enacted shall create, renew 
or extend the charter of more than one corporation." 

Changes in Substance: None. 

Clarifying Changes: The Commission have omitted that part of 
Article XVI, section 10, of the present constitution, which 
provides that: "No law hereafter enacted shall create, renew 
or extend the charter of more than one corporation," be- 
cause there is apparently a direct conflict between its pro- 
vision and Article III,, section 20, clause (m), (Article III, 
section 7, clause 26 of the present constitution) which pro- 
vides that no special law shall be enacted "creating corpora- 
tions, or amending, renewing or extending their charters." 
It is evident that a literal enforcement of both of these pro- 
visions would prevent the creation of any corporation, or 



CONSTITUTIONAL AMENDMENT AND REVISION. 303 

Art. IX, Sec. 11 

the renewal or the extension of the charter of any existing 
corporation. By the provisions of Article III, a law creat- 
ing, extending or renewing a corporation cannot be special, 
that is, apply to only one designated corporation; while un- 
der the provisions of Article XVI, no general law creating 
corporations or extending or renewing the charters of exist- 
ing corporations can be passed. 

The conflict between the two articles apparently occurred 
in the following manner: The Convention of 1837 adopted 
the policy of preventing a law being passed creating more 
than one corporation, or renewing or extending the charter 
of more than one corporation. This policy was embodied in 
the constitution of 1838, Article I, section 25, which pro- 
vides: "No law hereafter enacted shall create, renew or ex- 
tend the charter of more than one corporation." 

The Convention of 1873 adopted an entirely different 
policy, namely, that of preventing any special law being 
passed relating to corporations. This policy they embodied 
in Article III, section 7, clause 26, of the present constitu- 
tion, but omitted to strike out the provision of the constitu- 
tion of 1838. 

The conflict is avoided in the section proposed by omitting 
that part of Article XVI, section 10, of the present consti- 
tution, which embodies the earlier and now obsolete policy 
of the constitution of 1838. 

Changes in Style: The Commission's rules of style have been 
followed. 



Conditions Imposed on Certain Benefits to Corporations. 

1 Section 11. No law shall remit the forfeiture of the charter 

2 of a corporation now existing, or amend the same, or otherwise 

3 benefit such corporation, except upon condition that it shall 

4 thereafter hold its* charter subject to the provisions of this 

5 constitution. 

Note. 
Source: Article XVI, section 2: 

"The general assembly shall not remit the forfeiture of 
the charter of any corporation now existing, or alter or 
amend the same, or pass any other general or special law 
for the benefit of such corporation, except upon the condi- 
tion that such corporation shall thereafter hold its charter 
subject to the provisions of this constitution." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



304 REPORT OF THE COMMISSION ON 

Art. IX, Sees. 12, 13 

Bank and Trust Companies. 

1 Section 12. Laws may be enacted to provide for the incor- 

2 poration of banks and trust companies and to prescribe the 

3 powers thereof. 

Note. 
Source: Article XVI, section 11: 

"The general assembly shall have the power by general law 
to provide for the incorporation of banks and trust com- 
panies and to prescribe the powers thereof. 7 ' (Amendment 
of November 2, 1920.) 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Definition of Corporations. 

1 Section 13. The term "corporation" as used in this constitu- 

2 tion includes joint stock companies or associations having any 

3 of the powers or privileges of corporations not possessed by 

4 individuals or partnerships. 

Note. 
Source: Article XVI, section 13: 

"The term 'corporations,' as used in this article, shall be 
construed to include all joint stock companies or associa- 
tions having any of the powers or privileges of corporations 
not possessed by individuals or partnerships." 

Changes in Substance: None. 

Clarifying Changes: As, throughout the draft of the con- 
stitution herein suggested, the terra*"corporation" is never 
used except as denned in this section, the limitation of the 
definition found in the present constitution to the use of the 
term "in this article" is omitted. 

Changes in Style: The Commission's rules of style have been 
followed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 305 

Art. X, Sec. 1 

ARTICLE X. 



PUBLIC UTILITIES. 



Preliminary Note. 

Source: Article XVII of the present constitution and all those 
provisions in Article XVI which relate to public utilities. 

Title: In the present constitution, Article XVII is entitled 
"Kailroads and Canals." As, in the draft of the constitu- 
tion herein proposed we have expanded many of the provi- 
sions to cover all common carriers, or, in many cases, all 
public utilities, the restricted title of the present article is 
no longer applicable. We have used the title "Public Utili- 
ties" rather than the title "Public Service Corporations" be- 
cause, throughout the article, except when the provisions 
are expressly limited to corporations, the obligations im- 
posed do not vary because the public utility is owned or 
operated by an individual or an unincorporated association, 
rather than a corporation. 

Arrangement: The order of subjects is as follows: 

General power of regulation of public utilities — section 1 . 

Mutual rights and obligations of certain classes of public 
utilities — sections 2 to 4, inclusive. 

Rights of individuals, associations and corporations in re- 
gard to the charges and services of certain classes of public 
utilities — sections 5 and 6. 

Provisions in regard to the consolidation of public service 
corporations — section 7. 

Limitation of powers of common carriers — sections 8 
and 9. 

Special provisions in regard to the waters of the state — 
section 10. 

Enforcement of this article- — section 11. 



Regulation of Public Utilities. 

1 Section 1. Public service and the business of those engaged 

2 therein may be regulated by law or by an agency created by law. 

Note. 
Source: This is entirely new matter. Although it is a state- 
ment of a principle universally recognized by the courts, 
the Commission believe that its fundamental character and 
importance warrant its embodiment in the constitution. 

20 



306 REPORT OF THE COMMISSION ON 

Art. X, Sees. 2, 3 

Eminent Domain. 

1 Section 2. A corporation, association, individual or inunici- 

2 pality invested with the privilege of taking private property for 

3 public use shall make just compensation for. property taken, in- 

4 jured or destroyed. The compensation shall be paid or secured 

5 before such taking, injury or destruction. No law shall deprive 

6 a pferson of an appeal from a preliminary assessment of damages, 

7 and, on appeal, either party may have the damages assessed by 

8 a jury according to the course of the common law. 

Note. 
Source: Article XVI, section 8: 

"Municipal and other corporations and individuals in- 
vested with the privilege of taking private property for pub- 
lic use shall make just compensation for property taken, in- 
jured or destroyed by the construction or enlargement of 
their works, highways or improvements, which compensation 
shall be paid or secured before such taking, injury or de- 
struction. The general assembly is hereby prohibited from 
depriving any person of an appeal from any preliminary as- 
sessment of damages against any such corporations or indi- 
viduals made by viewers or otherwise; and the amount of 
such damages in all cases of appeal shall on the demand of 
either party be determined by a jury according to the course 
of the common law." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Common Carriers, Telegraph and Telephone Lines. 

1 Section 3. Kailroads and canals shall be public highways and 

2 railroad and canal corporations shall be common carriers. Such 

3 corporations may construct and operate railroads and canals 

4 between any points within the state and may cross and connect 

5 with other railroads and canals within the state and at the state 

6 line. They shall receive, at connecting points, and shall trans- 

7 port, each other's passengers and freight without delay or dis- 

8 crimination. Eailroad corporations shall receive at connecting 

9 points and transport each other's cars and canal corporations 

10 shall likewise receive and transport each other's vessels. 

11 A corporation organized for the purpose shall have the right 

12 to construct lines of telegraph and telephone within the state. 

13 The owners or operators of telegraph or telephone lines may 

14 connect them with the telegraph and telephone lines of others. 

15 They shall receive at connecting points and shall transmit each 

16 other's messages. 



CONSTITUTIONAL AMENDMENT AND REVISION. 807 

Art. X, Sec. 3 

17 The rights and obligations set forth in this section shall be 

18 exercised only as prescribed by law or by an agency created 

19 by law. 

Note. 
Source: (1) Article XVII, section 1: 

"All railroads and canals shall be public highways, and 
all railroad and canal companies shall be common carriers. 
Any association or corporation organized for the purpose 
shall have the right to construct and operate a railroad be- 
tween any points within this state, and to connect at the 
state line with railroads of other states. Every railroad 
company shall have the right with its road to intersect, 
connect with or cross any other railroad; and shall receive 
and transport each the other's passengers, tonnage and cars 
loaded or empty, without delay or discrimination/' 

(2) Part of Article XVI, section 12: 

"Any association or corporation organized for the purpose, 
or any individual, shall have the right to construct and main- 
tain lines of telegraph within this state, and to connect the 
same with other lines, and the general assembly shall, by 
general law of uniform operation, provide reasonable regu- 
lations to give full effect to this section. * * *" 

Changes in Substance: (1) The statement of the right to con- 
struct and operate a railroad is confined to corporations 
organized for the purpose. In the present constitution the 
right is conferred, also, on "associations * * * organ- 
ized for the purpose." The section herein proposed omits 
any reference to associations because it is not practical to 
carry on the business of constructing and maintaining a 
railroad by a private agency other than a corporation. 

(2) The right to construct and operate a canal is ex- 
pressly given to canal corporations. 

(3) As herein suggested, the section sets forth the right 
of a canal corporation to connect its facilities with and 
construct its facilities across the facilities or other canals 
and railroad corporations, and the right of a railroad corpo- 
ration to connect its facilities with and construct its facili- 
ties across the facilities of other railroads and canals. Un- 
der the present constitution, this right of connection and 
crossing is confined to railroad corporations, and the right 
of railroad corporations to connect their facilities with or 
construct their facilities across the facilities of canal corpo- 
rations is not mentioned. 

(4) The section herein suggested sets forth the obligations 
of a railroad corporation to receive and transport the passen- 
gers and freight delivered at connecting points by other rail- 
road and canal corporations. Under the present constitu- 
tion, the statement of obligation is confined to railroad corpo- 
rations, no reference being made to any obligation on rail- 



308 REPORT OF THE COMMISSION ON 

Art. X, Sees. 4, 5 

road corporations to receive and transport passengers and 
freight delivered by canal corporations, or of a reciprocal 
obligation on the part of canal corporations. 

(5) The section herein suggested sets forth the obligation 
of a railroad corporation to receive and transport the cars 
of another railroad corporation when delivered at connect- 
ing points, and also the obligation of a canal corporation to 
receive and transport the vessels of other canal corporations 
when delivered at connecting points. The wording of the 
corresponding section in the present constitution confines 
the statement of the obligation to the obligation of railroad 
corporations to receive and transport each other's cars. 

(6) Article XVI, section 12, of the present constitution 
gives to individuals, associations and corporations the right 
to construct and maintain telegraph lines. The section pro- 
posed confines this constitutional right to corporations or- 
ganized for the purpose and confers on telephone corpora- 
tions a similar right in respect to telephone lines. 

Changes in Style: The Commission's rules of style have been 
followed. 



Construction of Canals to Conform to Fixed Standards. 

1 Section 4. Provision shall be made by law for the construc- 

2 tion of canals in accordance with standards prescribed by law 

3 or by an agency created by law. 

Note. 

Source: This is entirely new matter. The mutual right of 
transporting canal vessels is not practicable unless canal 
facilities are constructed according to standards, which, as 
far as practicable, should be uniform through the state. 
These standards should be prescribed by law or by an agency 
like the Public Service Commission. 



No Discrimination in Services or Charges. 

1 Section 5. All individuals, associations and corporations shall 

2 have equal right to have persons and property transported over 

3 railroads and canals and to have messages transmitted over 

4 telegraph and telephone lines. There ^shall be no undue or un- 

5 reasonable discrimination, in facilities or charges, for such trans- 

6 portation or x transmission within the state or coming from or 

7 going to another state. A charge for such transportation or 

8 transmission within the state shall not exceed the charge for a 

9 similar service in the same direction to a more distant point but 
10 excursion or commutation tickets may be issued at special rates. 



CONSTITUTIONAL AMENDMENT AND REVISION. 309 

Art. X, Sec. 6 

Note. 
Source : Article XVII, section 3 : 

"All individuals, associations and corporations shall have 
equal right to have persons and property transported over 
railroads and canals, and no undue or unreasonable discrim- 
ination shall be made in charges for or in facilities for, 
transportation of freight or passengers within the state or 
coming from or going to any other state. Persons and 
property transported over any railroad shall be delivered at 
any station at charges not exceeding the charges for trans- 
portation of persons and property of the same class in the 
same direction to any more distant station; but excursion 
and commutation tickets may be issued at special rates." 

Changes in Substance : The extension to the services and charges 
of telegraph and telephone lines, of the principle embodied 
in the corresponding sections of the present constitution 
preventing discrimination in the service and charges by rail- 
road and canal corporations, and a less charge by such 
corporations for transportation to a more distant than a 
nearer point in the same direction. 

Changes in Style: The Commission's rules of style have been 
followed. 



Preferences and Rebates Prohibited. 

1 Section 6. No discrimination in charges or facilities for trans- 

2 portation shall be made between transportation corporations and 

3 individuals, or in favor of either, by abatement, drawback or 

4 otherwise, and no railroad or canal corporation, or any lessee, 

5 manager or employe thereof, shall make preferences in furnish- 

6 ing service. 

Note. . 
Source: Article XVII, section 7: 

"No discrimination in charges or facilities for transporta- 
tion shall be made between transportation companies and 
individuals, or in favor of either, by abatement, drawback 
or otherwise, and no railroad or canal company, or any 
lessee, manager or employe thereof, shall make any prefer- 
ences in furnishing cars or motive power." 

Changes in Substance: None. 

Changes in Style: The exact language of the corresponding sec- 
tion in the present constitution is used, except that in ac- 
cordance with the uniform recommendation of the Commfl- 
sion, the word "corporation" is used instead of "company." 



310 REPORT OF THE COMMISSION ON 

Art. X, Sec. 7 

Consolidation Permitted. 

1 Section 7. A public service corporation, when authorized by 

2 law or by an agency created by law, may consolidate with an- 

3 other public service corporation or may acquire its stock, prop- 

4 erty or franchise. 

Note. 
Source: Article XVII, section 4: 

"No railroad, canal or other corporation, or the lessees, 
purchasers or managers of any railroad or canal corporation, 
shall consolidate the stock, property or franchises of such 
corporation with, or lease, or purchase the works or fran- 
chises of, or in any way control any other railroad or canal 
corporation owning or having under its control a parallel 
or competing line; nor shall any officer of such railroad or 
canal corporation act as an officer of any other railroad or 
canal corporation owning or having the control of a parallel 
or competing line ; and the question whether railroads or 
canals are parallel or competing lines shall, when demanded 
by the party complainant, be decided by a jury as in other 
civil issues." 

Changes in Substance: The provisions of the present constitu- 
tion (Article XVII, section 4) are confined to railroads and 
canal corporations, owning or operating competing lines. 
When the present constitution was adopted, the importance 
of railroads and canals overshadowed the comparatively few 
corporations carrying on other kinds of public service. There 
was, therefore, at that time, not the necessity which exists 
today of expressing in the constitution the policy of the 
commonwealth towards the whole subject of the consolidation 
of public service corporations irrespective of the nature of 
the public service performed. 

In the proposed section, it is expressly stated that any 
two or more public service corporations may consolidate 
when permitted to do so by law or by an agency created by 
law, such as the Public Service Commission. 

When the present Constitution was adopted, the only known 
way to prevent the evils of the monopolistic control of public 
utilities by private corporations was to prevent the consoli- 
dation of any two public service corporations which operated 
public facilities. In the last fifty years an entirely new 
system of meeting the problems presented by the private 
ownership and operation of public utilities has become firmly 
established in federal and state practice. The state govern- 
ment, through its public service commission is exercising 
the power of the commonwealth to regulate the rates of 
charges made and the service given by all public service 
corporations. Under the present system of complete public- 
regulation as to rates and service, there are many cases in 
which the consolidation of two public service corporations 



CONSTITUTIONAL AMENDMENT AND REVISION. 311 

Art. X, Sec. 8 

and the operation of their facilities as one system, as, for 
instance, all the passenger railway lines in a city, may be of 
distinct advantage to the public. Two telephone lines serv- 
ing the same district, though in some cases of temporary 
advantage to the public, in others represent an unnecessary 
and therefore uneconomical and harmful waste of capital 
and energy. 

We believe, therefore, that the policy expressed in Article 
XVII, section 4, of the present constitution, which seeks to 
absolutely prevent, under all circumstances, the consolida- 
tion of canal or railroad corporations owning parallel or 
competing lines, is unwise. This does not mean, however, 
that we believe two such corporations should be allowed to 
consolidate at any time. On the contrary, we believe that 
the whole question of their consolidation should be regulated 
by law or by an agency created by law, such as the Public 
Service Commission. The section as proposed herein em- 
bodies this policy. 

Changes in Style: The Commission's rules of style have been 
followed. 



Powers of Common Carriers. 

1 Section 8. A corporation being a common carrier shall not 

2 transport over facilities which it owns or operates articles which 

3 it has, directly or indirectly, mined or manufactured for sale. 

4 It shall engage only in the business of a common carrier, ex- 

5 cept that if it uses electricity as a motive power, it may, when 

6 authorized by an agency created by law, furnish electricity to 

7 other for light, heat or power. 

8 A mining or manufacturing corporation shall not be deemed 

9 a common carrier for the purposes of this section by reason of 

10 carrying its products on its railroad or canal not exceeding fifty 

11 miles in length. 

Note. 
Source: Article XVII, section 5: 

"No incorporated company doing the business of a com- 
mon carrier shall, directly or indirectly, prosecute or engage 
in mining or manufacturing articles for transportation over 
its works ; nor shall such company, directly or indirectly, en- 
gage in any other business than that of common carriers, or 
hold or acquire lands, freehold or leasehold, directly or in- 
directly, except such as shall be necessary for carrying on its 
business; but any mining or manufacturing company may 
carry the products of its mines and manufactories on its 
railroad or canal not exceeding fifty miles in length." 



312 REPORT OF THE COMMISSION ON 

Art. X, Sec. 8 

Changes in Substance: (1) The present constitution, Article 
XVII, section 5, expressly prevents a common carrier from 
acquiring land not necessary for its business. This pro- 
vision has been omitted because the existence of the provision 
tends to prevent acquiring land that, while not immediately 
necessary for the business of the common carrier, should be 
acquired to provide for future needs. Article IX, as pro- 
posed, prevents a corporation going into any business not 
authorized by its charter. The omission of the restriction 
which is found in the present constitution, therefore, will not 
enable a common carrier to acquire land for other purposes 
than its legitimate business. 

(2) Article XVII, section 5, prevents a corporation being 
a common carrier engaging in any other business. The sec- 
tion herein proposed makes one exception by giving to a 
common carrier using electricity as a motive power the 
right "when authorized by an agency created by law" to 
"furnish electricity to others for light, heat or power." We 
believe, as thus guarded, this exception is in the public 
interest. A trolley corporation may use electricity gener- 
ated by waterpower to run its cars. There does not appear 
to be any good reason why, in such case, the owners should 
not have the right to dispose of the surplus electrical power 
generated, if it is permitted to do so by such a body as the 
Public Service Commission. 

Clarifying Changes: (1) The provision in the -correspond 
ing section of the present constitution that a common car- 
rier shall not "directly or indirectly, prosecute or engage in 
mining or manufacturing articles for transportation over its 
works" is ambiguous. Xo common carrier engages in manu- 
facturing articles for the purpose of transporting them. 
The purpose of the manufacture is sale. The transportation 
may or may not be a necessary incident of the sale. In 
view of the well-known evils resulting from a common car- 
rier engaging in mining or manufacturing in competition 
with other mining or manufacturing corporations situated 
along its lines, it is reasonably certain that the intent of 
those who drafted this section in the present constitution 
was, as expressed in the section herein suggested, to prevent 
a corporation being a common carrier transporting over its 
lines property mined or manufactured by it for the purpose 
of sale. 

(2) Under the wording of the present constitution, it is 
uncertain whether it is constitutional for a corporation, being 
a common carrier, to transport over its facilities an article 
such as coal mined by it for the purpose of its own con- 
sumption. Tv, the draft herein suggested, if a common car- 
rier may mine coal for its own use, it may convey it. 

(3) The section herein suggested is so worded as to re- 
move any possibility of a contention that a mining or manu- 
facturing corporation becomes a common carrier for the 



CONSTITUTIONAL AMENDMENT AND REVISION. 313 

Art. X, Sec. 9 

purpose of the section by reason alone of its carrying its 
products on its railroad or canal less than fifty miles in 
length. This was probably the intent of the drafters of the 
corresponding section in the present constitution. The pro- 
vision, in Article XVII, section 5, that "any mining or manu- 
facturing corporation may carry the products of its mines 
and manufactures on its railroad or canal not exceeding 
fifty miles in length" was evidently inserted in the present . 
constitution as a matter of extra precaution. The rest of the 
section does not prevent such mining or manufacturing corpo- 
ration carrying its own products on its own railroad or 
canal unless the mining and manufacturing corporation, by 
operating a railroad or canal less than fifty miles in length 
for the purpose of carrying its own products, becomes thereby 
a common carrier. If it does become a common carrier, 
then the carrying of its own products and the engaging in 
mining is directly contrary to all the prohibitions of the 
section. There is, however, nothing in the present constitu- 
tion which makes a manufacturing company constructing its 
own railroad or canal to carry its own products a common 
carrier. Section 1 of Article XVII, of the present constitu- 
tion, declares that "All rairoads and canals shall be public 
highways," but it does not say that all corporations owning 
a track and running cars over the track shall be common 
carriers; it provides merely that "all railroad and canal 
companies shall be common carriers." 

Changes in Style: The Commission's rules of style have been 
followed. 



Passes Prohibited. 



1 Section 9. A corporation being a common carrier shall not 

2 grant free passes or reduced rates to any person except to its 

3 own officers or employes. 

Note. 
Source: Article XVII, section 8: 

"No railroad, railway or other transportation company 
shall grant free passes, or passes at a discount, to any per- 
son except officers or employes of the company." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



314 REPORT OF THE COMMISSION ON 

Art. X, Sees. 10, 11; Art. XI 

Water Rights. 

1 Section 10. A right in waters shall not be granted by the 

2 state government or by a municipality for more than fifty years 

3 or without reasonable compensation. At the expiration of the 

4 first or of any subsequent grant, the state government or the 

5 municipality shall make a new grant to the holder of the right, 

6 or pay, or cause to be paid, compensation for all property neces- 

7 sary to the exercise of the right and upon such payment title to 

8 said property shall vest in the state government or municipality 

9 or corporation making the payment. 

Note. 
Source: This is entirely new matter. It recognizes the principle 
that the people of the commonwealth should not part per- 
manently with any right they now have in the waters of the 
, state, and where such right is temporarily vested in indi- 

viduals, associations or corporations, reasonable compensa- 
tion shall be made. The concluding part of section assures 
the necessary protection to investors in the property neces- 
sary to utilize the exercise of the grant. 



Enforcement of this Article. 

1 Section 11. Laws shall be enacted to enforce the provisions 

2 of this article. 

Note. 
Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



ARTICLE XL 



EDUCATION. 



Preliminary Note. 



Source: Article X. 



The principle that the constitution of the commonwealth 
should impose on the general assembly the obligation to 
provide education has been recognized in each of our con- 
stitutions. 



CONSTITUTIONAL AMENDMENT AND REVISION. 315 

Art. XI, Sec. 1 

The 44th section of the constitution of 1776 provided : 

"Section the Forty-fourth. A school or schools shall be 
established in each county by the legislature, for the con- 
venient instruction of youth, with such salaries to the mas- 
ters paid by the public, as may enable them to instruct 
youth at low prices: And all useful learning shall be duly 
encouraged and promoted in one or more universities." 

Article VII of the constitutions of 1790 and 1838 provided : 

"Section 1. The legislature shall, as soon as conveniently 
may be, provide, by law, for the establishment of schools 
throughout the state, in such manner that the poor may be 
taught gratis." 

"Section 2. The arts and sciences shall be promoted in 
one or more seminaries of learning." 

Article IV, section 1, of the present constitution provides 
for a superintendent of public instruction, and Article X, 
"for the maintenance and support of a thorough and efficient 
system of public schools, wherein all the children of this 
commonwealth above the age of six years may be educated, 
and shall appropriate at least one million dollars each year 
for that purpose." 

The present Superintendent of Public Instruction, Dr. 
Thomas E. Finegan, and others who have made a life-long 
study of educational systems, brought before us conclusive 
proof that Pennsylvania is behind many other northern 
states in educational work. We are impressed with the fact 
that the welfare of the commonwealth imperatively demands 
an immediate improvement in our educational system. 

Your Commission therefore believe that the constitution 
should not only emphasize the obligation to create and sup- 
port an efficient educational system, but should set forth 
that system in sufficient detail to give a clear picture of its 
general nature and extent. 



Educational System of the Commonwealth. 

1 Section 1. Laws shall be enacted providing for the operation 

2 and maintenance of a public educational system for the common- 

3 wealth. This shall include public schools for the free elementary, 

4 secondary and vocational education of all children of the com- 

5 monwealth, for the free mental and vocational education of per- 

6 sons under mental or physical disability, for the free education in 

7 American citizenship of adults, and for the training of teachers, 

8 a system of public libraries, one or more public universities, and 

9 such other public educational institutions and agencies as may 

10 be wise and necessary for the improvement of the citizenship 

11 of the commonwealth. 



316 REPORT OF THE COMMISSION ON 

Art. XI, Sees. 2, 3 

Note. 

Source : Article X, section 1 : 

"The general assembly shall provide for the maintenance 
and support of a thorough and efficient system of public 
schools, wherein all the children of this commonwealth above 
the age of six years may be educated, and shall appropriate 
at least one million dollars each year for that purpose." 

Changes in Substance: (1) Elimination of the reference to 
"six years" as being the age at which the commonwealth be- 
comes responsible for the child's education. Full responsi- 
bility for a child's education may make desirable instruction 
before the child reaches six years. 

(2) The imposition of an obligation to provide: 

(a) Free public elementary, secondary and vocational edu- 

cation for all children. 

(b) Free public mental and vocational training for persons 

under mental or physical disability. 

(c) Free public education for adults in American citizen- 

ship. 

(d) Public schools for the training of teachers. 

(e) Public libraries. 

(f ) One or more public universities. 

(g) Other public educational institutions and agencies that 

may be wise and necessary for the improvement of 
the citizenship of the commonwealth. 

(3) The omission of a provision for the annual appropri- 
ation by the state government of a specific sum of money. 

Changes in Style: The Commission's rules of style have been 
followed. 



State Council of Education. 

1 Section 2. Laws shall be enacted providing for a state council 

2 of education appointed by the governor. The council shall have 

3 the powers and duties prescribed by law. Its chief executive 

4 officer shall be the commissioner of education. 

Note. 
Source: This is entirely new matter. 



Support of Educational System. 

1 Section 3. Laws shall be enacted making adequate provision, 

2 by appropriation and through general or special forms of taxa- 

3 tion, for the effective and equitable support of the public educa- 

4 tional system of the commonwealth. 



CONSTITUTIONAL AMENDMENT AND REVISION. 317 

Art. XI, Sees. 4, 5, 6 

Note. 
Source: This is entirely new matter. 



No Appropriations to Sectarian Institutions. 

1 Section 4. Money raised for the support of the public educa- 

2 tional system of the commonwealth shall not be appropriated to 

3 or used for the support of any sectarian school or institution. 

Note. 
Source: Article X, section 2: , 

"No money raised for the support of the public schools of 
the commonwealth shall be appropriated to or used for the 
support of any sectarian school." 

Changes in Substance: The principle set forth in the present 
constitution as applicable to money raised for the support 
of the public schools is extended to cover money raised for 
the support of the educational system of the commonwealth. 
That system is described in section 1 of this article. 

Changes in Style: The Commission's rules of style have been 
followed. 



State School Fund. 



1 Section 5. The net receipts from state forests, unclaimed 

2 funds derived by the commonwealth either by escheat or other- 

3 wise, and money or property designated for the purpose and 

4 derived from any source shall constitute the state school fund 

5 to be used only for the benefit of the public educational system 

6 of the commonwealth in such manner as may be prescribed by 

7 law. 

Note. 
Source: This is entirely new matter. 



Basic Instruction to be in English. 

1 Section 6. The basic instruction in public and private schools 

2 shall be given in the English language and from English texts. 

Note. 
Source: This is entirely new matter. 

The Commission believe that while the teaching of the 
classics and of foreign languages should be encouraged 
rather than discouraged, it is a matter of vital importance 



318 REPORT OF THE COMMISSION ON 

Art. XII, Sec. 1 

to prevent the establishment and maintenance of schools 
the real object of which is to discourage the knowledge and 
use of the English language by the children of parents who 
have come to America to obtain a livelihood and to secure a 
freedom denied them in the country of their origin. 



ARTICLE XII. 



SOCIAL WELFARE AND PUBLIC HEALTH. 



Preliminary Note. 

The Commission believe that a constitution should be more than 
a frame of government and a grant of powers with a collection of 
prohibitions on enumerated specific exercises of power. We believe 
that, on the one hand, it should contain a statement of the funda- 
mental rights of the individual, which, in the language of our Bill 
of Rights, "shall forever remain inviolate," and on the other, a decla- 
ration of the positive obligations which the people recognize rests on 
them as a body politic. 

The framers of our first constitution, that of 1776, recognized 
and specifically set forth in the constitution the fundamental duty of 
organized society to provide for the education of youth. Each suc- 
ceeding constitution has set forth this obligation. It is no new de- 
parture, therefore, to state in the constitution an obligation which the 
social consciousness of the people recognizes as resting on them and 
which, therefore, their government should, as their agent, have the 
duty to perform. The Commission believe that the growing realiza- 
tion of the duty of the commonwealth to care for those residents who 
cannot care for themselves on account of physical or mental infirmity 
or other misfortune, and its duty to employ at useful labor and in- 
struct those convicted of crime, not only justifies but requires expres- 
sion in our fundamental law. 



Charitable Institutions and Agencies 



1 Section 1. Laws shall be enacted providing for the mainten- 

2 ance of an efficient system of institutions and. agencies to care 

3 for residents of the commonwealth who cannot care for and 

4 support themselves on account of physical or mental infirmities 

5 or other misfortune and to prevent such infirmities and mis- 

6 fortunes so far as possible. 



CONSTITUTIONAL AMENDMENT AND REVISION. 319 

Art. XII, Sees. 2, 3, 4 # 

Note. 
Source: This is entirely new matter. As explained in the pre- 
liminary note to this article, it states a principle which 
should, in the opinion of the Commission, find expression 
in the constitution of the commonwealth. The details of the 
system are necessarily left to be prescribed by law. It will 
be noted that the institutions and agencies mentioned may 
be either public or private. 



Penal and Correctional Institutions. 

1 Section 2. Laws shall be enacted providing for the mainten- 

2 ance of an efficient system of penal and correctional institutions 

3 and agencies. 

Note. 
Source: This is entirely new matter. Like the preceding sec- 
tion, it expresses an important principle, leaving the details 
to be prescribed by law. 



Employment and Treatment of Prisoners. 

1 Section 3. Humanity, sound public economy and just con- 

2 sideration for the innocent dependents of persons deprived of 

3 their liberty, by judgment, decree or sentence of any court, re- 

4 quire that all such persons should, during their imprisonment, 

5 be afforded an opportunity for remunerative labor, and the condi- 

6 tions of imprisonment shall always be such as to promote the 

7 physical, mental and moral welfare of the prisoners. 

Note. 
Source: This is entirely new matter. It asserts a principle 
which the Commission believe to be not only ethically sound 
but of great practical importance. 



Supervision of Charitable, Correctional and Penal Institutions and 

Agencies. 

1 Section 4. Charitable, correctional and penal institutions and 

2 agencies and other institutions and agencies for the care, relief 

3 or treatment of persons having physical or mental infirmities, 

4 shall be subject to governmental inspection and supervision con- 

5 trol. The power to enforce the law with respect to such institu- 

6 tions shall be vested in one or more departments of the state 

7 government or in such agencies as may be prescribed by law. 



320 REPORT OF THE COMMISSION ON 

Art. XII, Sec. 5; Art. XIII 

Note. 
Source: This is entirely new matter, imposing upon the law- 
making authority the duty of vesting in one of the depart- 
ments of the state government the power to inspect and 
control the institutions named. In the judgment of the 
Commission this is necessary if the principles contained in 
the two preceding sections are to be followed not simply in 
theory but in practice. 



Health. 

1 Section 5. The protection and promotion of the public health 

2 under modern social, economic and industrial conditions, is 

3 essential to the well-being of the commonwealth and is hereby 

4 declared to be a primary duty of government. 

Note. 
Source: This is entirely new matter. In the opinion of the 
Commission it expresses a principle of fundamental im- 
portance to the welfare of the public. 



ARTICLE XIII. 



MUNICIPALITIES. 



Preliminary Note. 

Source: Under this section we have gathered all provisions to 
local government. In the present constitution these pro- 
visions are found in 

Article IX — Taxation and Finance. 

Article XIII — New Counties. 

Article XI^ — County Officers. 

Article XV — Cities and City Charters. 

The growth of large cities and the increasing necessity 
of public works which must be built by local governments, 
especially cities, make necessary the complete revision of 
existing constitutional provisions. 

Your Commission have devoted much time and thought 
to the subjects included in this article and there is no part 
of the revised constitution here proposed in which will be 
round a larger proportion of sections which contain entirely 
new matter. 



CONSTITUTIONAL AMENDMENT AND REVISION. 321 

Art. XIII, Sec. 1 
Arrangement : 

Creation. 

Definition — section 1. 
Classification — section 2. 
Proportional representation— section 3. 
New counties — section 4. 
City charters — section 5. 

Cities and boroughs, creation and change of boundaries 
— section 6. 

Organization. 

Appointive municipal officers — section 7. 

Accountability of municipal officers — section 8. 

County officers — section 9. 

Election of certain county officers — section 10. 

County commissioners and county auditors — section 11. 

Philadelphia prothonotary — section 12. 

Kesidence of county officers — section 13. 

Certain county officers to have offices in county seat — 
section 14. 

Compensation of county officers — section 15. 

Salaries and expenses of county officers in a county co- 
extensive with, a city — section 16. 

Financial Provisions. 

Municipal borrowing capacity — section 17. 
Duration and payment of debts — section 18. 
Debts other than for money borrowed — section 19. 
Municipalities not to pledge credit — section 20. 

Improvements. 

Special commissions prohibited — section 21. 

Assessment of benefits for public improvements — sec- 
tion 22. 

Extent of land permitted to be taken for public improve- 
ments — section 23. 

Zoning of municipalities — section 24. 

Contracts between municipalities — section 25. 

Miscellaneous Provisions. 

Street passenger railways in cities or boroughs — sec- 
tion 26. 

One place of paying taxes in cities and boroughs — sec- 
tion 27. 



Definition. 



1 Section 1. Municipalities shall be counties, cities, boroughs, 

2 townships, school districts, poor districts and other divisions of 

3 the commonwealth for the purpose of local government. 



322 REPORT OF THE COMMISSION ON 

Art. XIII, Sec. 2 

Note. 

Source: This is entirely new matter. The word "municipality" 
occurs so frequently in the proposed constitution, and es- 
pecially in this article, that a definition is plainly impera- 
tive. We have enumerated the present forms of munici- 
pality and have allowed for the creation of other forms in 
the concluding words of the proposed section. 



Classification. 



1 Section 2. Municipalities may be classified upon the basis of 

2 conditions requiring special regulation. The classification of 

3 municipalities according to population shall not divide cities, 

4 counties or school districts into more than seven classes or other 

5 municipalities into more than five classes. A class must contain 
G more municipalities than one except where the basis of classi- 

7 fication is population or the coincidence of the boundaries of two 

8 or more municipalities. 

9 A law otherwise general shall not be local because applicable 
10 only to municipalities adopting it. 

Note. 

Source: This is entirely new matter. The present constitution, 
in Article III, section 7, and the proposed constitution, in 
Article III, section 20, forbid special legislation regulating 
the affairs of a municipality. The supreme court has held 
that a law applicable to an entire class of municipalities is 
not special if there is a proper relation between the purpose 
of the law and the basis of classification. (Wheeler v. Phila- 
delphia, 77 Pa. 338). 

There is, however, grave doubt as to the extent to which 
such classification is permissible, especially classification 
based upon population, which is by far the commonest form. 
The effect of the decisions of the supreme court has been to 
restrict the division of cities to three classes. A greater 
number of classes has been permitted for other municipali- 
ties, but the precise number permissible for a given purpose 
is always doubtful until the question has been judicially 
determined. 

The Commission, therefore, recommend this section, which 
states in terms the number of classes according to popula- 
' tion which may be created. The number for cities is recom- 
mended to be considerably increased. 

The words, "and the coincidence of the boundaries of two 
or more municipalities shall be deemed a condition requiring 
special regulation,-' have been inserted to place beyond possi- 



CONSTITUTIONAL AMENDMENT AND REVISION. 323 

Art. XIII, Sees. 3, 4 

bility of question the right of the law-making authority to 
treat the problem of local government arising where, as" in 
Philadelphia, the boundaries of the county and the city 
coincide, as a problem of county government requiring, for 
its adequate treatment, a governmental organization adapted 
to that condition. 

The third paragraph is recommended to be inserted out of 
caution. The Commission believe that it should be possible 
to enact a law regulating the affairs of such municipalities 
as might adopt it by ordinance or by popular vote, and that 
such a law should not be open to the objection that it is 
special because of its tendency to destroy uniformity or to 
the objection that it delegates legislative power ; but unless 
the suggested sentence is incorporated in the constitution, it 
is doubtful whether such a law would be sustained by the 
supreme court. 



Proportional Representation. 

1 Section 3. Proportional representation may be prescribed by 

2 law for the election of representative bodies in municipalities in 

3 which that method of election shall be approved by a majority of 

4 the electors voting on the question. 

Note. 

Source: This is entirely new matter. The Commission believe 
that such laws would be valid under the present constitu- 
tion, but they recommend that any dispute on the question 
should be prevented by the provisions proposed. 



New Counties. 



1 Section 4. A new county shall not be established if it would 

2 have less than three hundred square miles and fifty thousand 

3 inhabitants or if a line thereof would pass within ten miles of 

4 the boundary of the county seat of a county proposed to be 

5 divided or if its establishment would reduce another county be- 

6 low such area or population. A new county shall not be estab- 

7 lished without the consent of a majority of the electors resident 

8 within the proposed boundaries thereof voting on the question. 

Note. 
Source: Article XIII, section 1: 

"No new county shall be established which shall reduce 
any county to less than four hundred square miles, or to less 
than twenty thousand inhabitants; nor shall any county be 



324 REPORT OF THE COMMISSION ON 

Art. XIII, Sec. 5 

formed of less area, or containing a less population; nor 
shall any line thereof pass within ten miles of the county 
seat of any county proposed to be divided." 

Changes in Substance: (1) Because of the increase in the state's 
population since 1874, the Commission recommend that four 
hundred square miles and twenty thousand inhabitants, 
which are the provisions of the present constitution, be 
changed to three hundred square miles and fifty thousand 
inhabitants. 

(2) The last sentence contains ucav matter. The purpose 
of the provision is to prevent the formation of a new county 
by act of assembly without the consent of those most affected. 

Clarifying Changes: The present constitution forbids the line 
of a. new county to pass "within ten miles of the county 
seat of any county proposed to be divided." The Commis- 
sion have adopted the construction put upon this clause 
by the attorney-general in 1895 (County Seat, 4 D. K. 319), 
by using the words "boundary of the county seat." 

Changes in Style: The Commission's rules of style have been 
followed. 



City Charters. 



1 Section 5. Laws may be enacted giving to cities or to cities 

2 of a particular class, authority to frame, adopt and amend 

3 charters for their organization and government. 

Note. 
Source: This is entirely new matter. 

The Commission do not recommend a constitutional pro- 
vision giving this power outright to cities because it is im- 
possible to frame such a provision so as to avoid doubt 
of its meaning. The organization and government of a city 
must, of course, conform to the laws of the commonwealth 
and any attempt to define in the constitution exactly where 
the powers of the commonwealth shall end and those of the 
city shall begin will give rise to endless litigation. The 
determination of the cities' powers of home rule must be 
a carefully drawn statute, in which there will be a place 
for details not suitable for a constitution. 

The section is inserted to overcome the present constitu- 
tional objection to such legislation, which is that it would 
be a delegation of legislative power and therefore unconsti- 
tutional. 



CONSTITUTIONAL AMENDMENT AND REVISION. 325 

Art. XIII, Sees. 6, 7 

Creation and Change of Boundaries of Cities and Boroughs. 

1 Section 6. A city or borough shall not he established or its 

2 boundaries changed except with the consent of a majority of the 

3 electors resident within the proposed boundaries voting on the 

4 question and of a majority of the electors in the proposed added 

5 or excluded area voting on the question. 

Note. 

Source : This is entirely new matter recommended to be adopted 
to prevent the establishment of a city or borough, or the 
change of a city's or borough's boundaries, without the con- 
sent of those most affected. 

There is a partial recognition in the present constitution 
of the principle that the electors affected should have a voice 
in deciding whether their local government should be changed 
to that of a city or borough. Article XV, section 1, pro- 
vides: "Cities may be chartered whenever a majority of the 
electors of any town or borough having a population of at 
least ten thousand shall vote at any general election in favor 
of the same." 

We recommend the omission of Article XV, section 1, of 
the present constitution, because its provisions have been 
covered by the much broader recognition of the principle of 
"home rule" embodied in the section here proposed. 



Appointive Municipal Officers. 

1 Section 7. Appointive officers in counties, cities, boroughs 

2 and townships shall be appointed by an officer or agency of the 

3 municipality as prescribed by law, except as in this constitution 

4 otherwise provided. 

Note. 
Source: This is entirely new matter. 

The adoption of this section will prevent the enactment 
of a law vesting in the governor or other officer of the state 
government the power to appoint municipal officers. So- 
called "ripper" legislation, destroying the existing govern- 
ment of a county, city, borough or township, and vesting 
its power in a commission appointed by the governor, will 
be impossible. 

The words "except as in this constitution expressly pro- 
vided" are necessary because of the provisions of Article V, 
section 19, as proposed, which permits the judges to appoint 
park commissioners and certain other officers, who are ap- 
pointive officers of the municipality. 



326 REPORT OF THE COMMISSION ON 

Art. XIII, Sees. 8, 9 

Accountability of Municipal Officers. 

1 Section 8. Laws shall be enacted providing for the strict ac- 

2 countability of municipal officers, as well for the fees which 

3 may be collected by them as for all public or municipal moneys 

4 which may be paid to them. 

Note. 

Source: Article XIV, section 6: 

"The general assembly shall provide by law for the strict 
accountability of all county, township and borough officers, 
as well for the fees which may be collected by them, as for 
all public or municipal moneys which may be paid to them." 

Changes in Substance: The provision is applied to the officers 
of all municipalities and not only to those of counties, 
townships and boroughs, as in the present constitution. 

Changes in Style: The Commission's rules of style have been 
followed. 



County Officers. 

1 Section 9. The officers of a county shall be three commissioners, 

2 three auditors or a controller, a sherhf , a coroner, a prothono- 

3 tary, a register of wills, a recorder of deeds, a treasurer, a sur- 

4 veyor, a clerk of the orphans' court, a clerk of the court of 

5 quarter sessions of the peace and of the court of oyer and termi- 
G ner and general jail delivery, a district attorney, and other 

7 officers prescribed by law. 

8 In a county co-extensive with a city or included therein, any 

9 constitutional county office may be abolished by law and its 
J duties and powers may be transferred to a city officer or officers. 

Note. 
Source: Part of Article XIV, section 1: 

"County officers shall consist of sheriffs, coroners, prothono- 
taries, registers of wills, recorders of deers, commissioners, 
treasurers, surveyors, auditors, or controllers, clerks of the 
courts, district attorneys, and such others as may from time 
to time be established by law; * * *." 

Changes in Substance: The last paragraph is new. In Phila- 
delphia, or in any other county which may become co-exten- 
sive with a city or included therein, the amalgamation of 
certain city and county offices may be expedient and should 
be permitted by the constitution. + 



CONSTITUTIONAL AMENDMENT AND REVISION. 327 

Art. XIII, Sec. 10 

Clarifying Changes: (1) Article XIV, section 1, of the present 
constitution, uses throughout, the plural. Jt states that 
^'county officers shall consist of sheriffs, coroners, registers 
of wills," etc. Standing by itself, this language would per- 
mit provision to be made by law for more than one sheriff, 
one coroner and one register of wills. It is probable, how- 
ever, that this result was! not contemplated by the drafts- 
man and would not be permitted by the courts. It is 
apparently certain that there can be only one register of 
wills, because Article V, section 22, of the present consti- 
tution, provides that in counties having separate orphans' 
courts "the register of wills shall be clerk of such court." 
(2) In Article XIV, section 1, of the present constitu- 
tion, the term "clerks of courts," which is there used instead 
of the clerks of the two courts designated in the proposed 
section creates a doubt on more than one matter of im- 
portance. Are the clerks of the courts referred to the clerks 
of all county courts existing in 1874 ; or are they the clerks 
of all county courts which are or may hereafter be created 
by law ; or are they the clerks of the county courts designated 
in the constitution ? Finally, what is the exact definition of 
"a county court" ? Is it any court in the county — as one of 
the district peace courts proposed by the Commission? or is 
it only a court the boundaries of the jurisdiction of which are 
co-terminous with the boundaries of the county; and if so, 
is the municipal court in Philadelphia a county court? All 
these uncertainties will be avoided and the probable intent 
of the present constitution may be carried out by employing 
the language of the section here suggested. 

Changes in Style: (1) The word "three" has been inserted be- 
fore "commissioners" and before "auditors" because that is 
the number of each provided for by the constitution. (Arti- 
cle XIV, section 7, of the present constitution ; section 11 of 
the article here proposed.) 

(2) The provision that a sheriff or a treasurer cannot 
succeed himself has been transferred to section 10 of this 
article. 



Election of Certain County Officers. 

1 Section 10. Except as in this constitution expressly provided, 

2 county officers shall be chosen by the electors of the county. 

3 Each shall hold office for four years from the first Monday of 

4 January succeeding his election or until his successor shall 

5 qualify. Vacancies shall be filled as prescribed by law. The 

6 sheriff and the treasurer shall not be eligible for the succeeding 

7 term. 



328 REPORT OF THE COMMISSION ON 

Art. XIII, Sec. 11 

Note. 
Source: (1) Article XIV, section 2: 

"County officers shall be elected at the municipal elections 
and shall hold their offices for the term of four years, be- 
ginning on the first Monday of January next after their 
election, and until their successors shall be duly qualified; 
all vacancies not otherwise provided for, shall be filled in 
such manner as may be provided by law." (Amendment of 
November 2, 1909.)" 

(2) Part of Article IV, section 1: 

"* * * no sheriff or treasurer shall be eligible for the 
term next succeeding the one for which he may be elected." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



County Commissioners and County Auditors. 

1 Section 11. Three county commissioners shall be elected in 

2 each county in the year 1923, one to serve for two years and two 

3 to serve for four years. Every four years thereafter, two com- 

4 missioners shall be elected to serve for four years. In the year 

5 1925 and every four years thereafter, one commissioner shall be 
(J elected to serve for four years. An elector shall vote for one 

7 candidate for commissioner except in the year 1923, when he 

8 shall vote for one candidate to serve for two years and for one 

9 candidate to serve for four years. A vacancy in the office of 

10 commissioner shall be filled by the governor by the appointment 

11 of an elector of the county who has voted for the commissioner 

12 whose place is to be filled. In a county having auditors, they 

13 shall be elected and vacancies in the office of auditor shall be 

14 filled as in the case of commissioners. 

Note. 
Source: Article XIV, section 7: 

"Three county commissioners and three county auditors 
shall be elected in each county where such officers are chosen, 
in the year one thousand nine hundred and eleven and every 
fourth year thereafter; and in the election of said officers 
each qualified elector shall vote for no more than two per- 
sons, and the three persons having the highest number of 
votes shall be elected ; any casual vacancy in the office- of 
county commissioner or count3 r auditor shall be filled, by the 
court of common pleas of the county in which such vacancy 
shall occur, by the appointment of an elector of the proper 
county who shall have voted for the commissioner or auditor 
whose place is to be filled." (Amendment of November 2, 
1909.) 



CONSTITUTIONAL AMENDMENT AND REVISION. 329 

Art. XIII, Sec. 12 

Changes in Substance: (1) Under the present constitution, three 
commissioners are elected every four years by a system of 
minority representation. Each elector votes for two can- 
didates and the commissioners all go out of office at the 
same time. The Commission propose to establish a system 
which preserves the principle of minority representation 
while providing that there would always be at least one com- 
missioner holding over after each municipal election. 

(2) The Commission suggest that vacancies should be 
filled by the governor instead of by the court of common 
pleas. This is in accordance with the principle embodied 
in Article V, section 19, as proposed, which forbids the exer- 
cise of such appointive power by the courts. 

Changes in Style: The Commission's rules of style have been 
followed. 



Philadelphia Prothonotary. 

1 Section 12. The prothonotary of the county of Philadelphia 

2 shall be appointed by the judges of the court of common pleas 

3 of the county. He shall hold office for three years but may be 

4 removed at the pleasure of the court. He shall appoint assist- 

5 ants only with the approval of the court. The salaries of the 

6 prothonotary and of his assistants shall be paid by the county. 

Note. 

Source: Article V, section 7: 

a For Philadelphia there shall be one prothonotary's office, 
and one prothonotary for all said courts, to be appointed by 
the judges of said courts, and to hold office for three years, 
subject to removal by a majority of the said judges; the 
said prothonotary shall appoint such assistants as may be 
necessary and authorized by said courts ; and he and his as- 
sistants shall receive fixed salaries, to be determined by law 
and paid by said county ; all fees collected in said office, ex- 
cept such as may be by law due to the commonwealth, shall 
be paid by the prothonotary into the county treasury. Each 
court shall have its separate dockets, except the judgment 
docket, which shall contain the judgments and liens of all 
the said courts, as is or may be directed by law. " 

Changes in Substance: The provision in the present constitu- 
tion relating to the dockets of the several courts of common 
pleas is omitted because of the recommendation that there 
shall be a single court of common pleas in Philadelphia 
county. (See Article V, section 10 as proposed.) 

Changes in Style : The provisions in regard to salaries and fees 
have been considerably shortened because of the proposed 
new section, section 15 of this article. 



330 REPORT OF THE COMMISSION ON 

Art. XIII, Sees. 13, 14 

Residence of County Officers. 

1 Section 13. An appointive county officer shall have been a 

2 citizen and resident of the county for one year before hisi ap- 

3 pointxnent, if the county has been so long established, but if it 

4 has not been so long established, then within the limits of the 

5 county or counties out of which it has been taken. 

Note. 

Source : Article XIV, section 3 : 

"No person shall be appointed to any office within any 
county who shall not have been a citizen and an inhabitant 
therein one year next before his appointment, if the county 
shall have been so long erected, but if it shall not have been 
so long erected, then within the limits of the county or 
counties out of which it shall have been taken." 

Changes in Substance: None. 

Clarifying Changes: The present constitution probably refers 
to county officers only, although it is not so stated. The 
proposed section makes this point clear. 

Changes in Style: The Commission's riiles of style have been fol- 
lowed. 



Certain County Officers to Keep Offices in County Seat. 

1 Section 14. The prothonotary, the clerk of the orphans' court, 

2 the clerk of the court of quarter sessions of the peace and of 

3 the court of oyer and terminer and general jail delivery, the 

4 recorder of deeds, the register of wills, the surveyor, and the 

5 sheriff shall keep their offices in the county seat. 

Note. 
Source: Article XIV, section 4: 

"Prothonotaries, clerks of the courts, recorders of deeds, 
registers of wills, county surveyors and sheriffs, shall keep 
their officers in the county town of the county in which 
they respectively shall be officers." 

Changes in Substance: None. 

Clarifying Changes: The singular has been used instead of the 
plural, and the clerks of the courts have been more precisely 
designated. This conforms to the language of section 9 of 
this article. 

Changes in Style: "County seat" has been substituted for 
"county town," to conform to popular usage and to the 
language of section 4 of this article. 



CONSTITUTIONAL AMENDMENT AND REVISION. 331 

Art. XIII, Sees. 15, 16 

Compensation of County Officers. 

1 Section 15. County officers shall be paid only by salary for 

2 services performed for the state government or for the county 

3 or for any other official service. Except as otherwise provided 

4 in this constitution, such salaries shall be prescribed by law. 

5 Fees received by county officers shall be paid into the treasury 

6 of the county or*into the state treasury as prescribed by law. 

Note. 

Source: Article XIV, section 5: 

"The compensation of county officers shall be regulated by 
law, and all county officers who are or may be salaried shall 
pay all fees which they may be authorized to receive, into 
the treasury of the county or state, as may be directed by 
law. In counties containing over one hundred and fifty 
thousand inhabitants all county officers shall be paid by sal- 
ary, and the salary of any such officer and his clerks, here- 
tofore paid by fees, shall not exceed the aggregate amount 
of fees earned during his term and collected by or for him.* 1 

Changes in Substance: (1) Under the present constitution, of- 
ficers in counties with a population of more than 150,000 
must be paid by salary. The proposed section extends this 
principle to the officers of all counties. 

(2) The present constitution does not prevent a county 
officer from receiving, in addition to his salary, a commis- 
sion for services to the state government, such as the col- 
lection of state taxes. (Phila. v. Martin, 125 Pa. 583; Phila. 
v. McMichael, 208 Pa. 297.) The proposed section forbids 
the payment of such commissions. 

(3) Under the present constitution, the compensation of 
county offipers can be fixed only by statute. In section 1(3 
of this article, an exception to this rule is made in the case 
of a county co-extensive with a city or included therein. In 
the section here proposed, we have covered this exception in 
section 16 by the words: "except as otherwise provided in 
this constitution." 

(4) The final provision of Article XIV, section 5, of the 
present constitution, with respect to the amounts of the 
salaries of the officers of counties with more than 150,000 
in population, is omitted as obsolete. » 

Changes in Style: The section has been entirely rewritten and 
the Commission's rules of style followed. 



Salaries and Expenses of County Officers in a County Co-Extensive 

With a City. 

1 Section 16. In a county co-extensive with a city or included 

2 therein, the county treasury and the city treasury shall be united 

3 in a single city treasury. The funds and obligations of the 



332 REPORT OF THE COMMISSION ON 

Art. XIII, Sec. 17 

4 county shall be those of the city. The officers of the state govern- 

5 ment or of the county whose salaries or the expenses of whose 

6 offices or courts shall be paid in whole or in part by the city. 

7 shall at such times as may be required in the case of city offices 

8 submit to the chief executive of the city estimates of their needs. 

9 The city shall control the amount to be expended for such sal- 

10 aries and expenses except salaries prescribed by law and ex* 

11 penses of the courts of common pleas and of the orphans courts. 

Note. 
Source : This is entirely new matter. m 

The purpose of the proposed section is to control what is 
known as the "mandamus evil" in Philadelphia in so far as 
it arises from the salaries and expenses of county officers. 
In the present constitution there is no prohibition against 
these mandamuses. Although the city council must raise 
the money to pay the bills, it has no control over the amounts 
of the bills. 

The Commission therefore recommend the adoption of the 
proposed section. With certain exceptions it places county 
officers on the same basis as city officers in respect to ap- 
propriations from the city treasury. The state government 
may still prescribe the salaries of county 7 officers and judges, 
The court of common pleas and the orphans' court must 
submit estimates of the expenses of their offices and are not 
deprived of the power of mandamus. 



Municipal Borrowing Capacity. 

1 Section 17. A municipality may incur debt by borrowing 

2 money as prescribed by law if its aggregate" debt for borrowed 

3 money would not then exceed the sum of: 

4 (a) Ten per centum of the assessed value of the property 

5 therein taxable by or for the benefit of the municipality. 

6 (b) An amount equal to that capital sum which, at the legal 

7 rate of interest and at such amortization charges as shall be 

8 prescribed by law would yield an amount equal to the net revenue 

9 derived by the municipality during the last preceding fiscal year 

10 from its public improvements. 

11 (c) The^amount of debt secured by liens on public improve- 

12 ments and imposing no obligation on the municipality, if the net 

13 revenue derived from such improvements has not been taken into . 

14 account under paragraph (b). 

15 (d) So much of any debt incurred within five years to acquire 

16 public improvements as shall be likely to be allowable under 

17 paragraph (b) within six years thereafter, if the net revenue de- 

18 rived from such improvements has not been taken into account 

19 under paragraph (b), and if such debt has not been taken into 

20 account under paragraph (c). 



CONSTITUTIONAL AMENDMENT AND REVISION. 333 

Art. XIII, Sec. 17 

21 (e) The par value of the evidences of debt of the municipality 

22 owned by it and pledged toward the payment of the principle of 

23 its debt. 

24 (f) The amount of cash and the market value of investments 

25 owned by the municipality and the amount of the collectible 

26 debts due or to fall due owned by the municipality, in so far as 

27 such assets are pledged toward the payment of the principal of 

28 its debt. 

29 (g) Eighty per centum of the amount which it is estimated 

30 as prescribed by law that the municipality will receive within 

31 five years from assessments against property benefited by pub- 

32 lie improvements if such amount is pledged toward the payment 

33 of the principal of its debt and if it has not been taken into ac- 

34 count under paragraph (f). 

35 An indebtedness incurred by a municipality in excess of three 

36 per centum of the assessed value of the taxable property therein 

37 shall be approved by a majority of the electors thereof at a pub- 

38 lie election held as prescribed by law. 

30 The term "incur debt," as used in this section, shall include an 

40 incurrence of new indebtedness, an extension of the maturity of 

41 a debt, a deferment of the payment of a debt, a change in the 

42 form of a debt, and an assumption of a debt. 

43 A debt shall be deemed to be incurred at the time the obli- 

44 gation to pay is entered into or the contract to extend, defer, 

45 change or assume an exising debt is made. 

Note. 
Source: (Ij The first paragraph of Article IX, section 8: 

"The debt of any county, city, borough, township, school 
district, or other municipality or incorporated district, ex- 
cept as provided herein, and in section fifteen of this article, 
shall never exceed seven (7) per centum upon the assessed 
value of the taxable property therein, but the debt of the 
city of Philadelphia may be increased in such amount that 
the total city debt of said city shall not exceed ten (10) 
per centum upon the assessed value of the taxable property 
therein, nor shall any such municipality or district incur 
any new debt, or increase its indebtedness to an amount 
exceeding two (2) per centum upon such assessed valuation 
of property, without the consent of the electors thereof at 
a public election in such manner as shall be provided by law. 
In ascertaining the borrowing capacity of the said city of 
Philadelphia, at any time, there shall be excluded from the 
calculation and deducted from such debt so much of the 
debt of said city as shall have been incurred, and the pro- 
ceeds thereof invested, in any public improvement of any 
character which shall be yielding to the said city an annual 
current net revenue. The amount of such deduction shall 
be ascertained by capitalizing the annual net revenue from 
such improvement during the year immediately preceding 
the time of such ascertainment; and such capitalization 
shall be estimated by ascertaining the principal amount 



334 REPORT OF THE COMMISSION ON 

Art. XIII, Sec. 17 

which would yield such annual, current net revenue, at the 
average rate of interest, and sinking fund charges payable 
upon the indebtedness incurred by said city for such pur- 
poses, up to the time of such ascertainment. The method 
of determining such amount, so to be deducted, may be pre- 
scribed bv the general assemblv. * * *." (Amendment 
of November 4, 1918.) 

(2) Article IX, section 15: 

"No obligations which have been heretofore issued, or 
which may hereafter be issued, by any county or munici- 
pality, other than Philadelphia, to provide for the construc- 
tion or acquisition of water-works, subways, underground 
railways or street railways, or the appurtenances thereof, 
shall be considered as a debt of a municipality, within the 
meaning of section eight of article nine of the constitution 
of Pennsylvania or of this amendment, if the net revenue de- 
rived from said property for a period of five years, either 
before or after the acquisition thereof, or where the same is 
constructed' by the county or municipality, after the com- 
pletion thereof, shall have been sufficient to pay interest and 
sinking fund charges during said period upon said obliga- 
tions, or if the said obligations shall be secured by liens 
upon the respective properties, and shall impose no munici- 
pal liability. * * * Any of the said municipalities or 
counties may incur indebtedness in excess of seven per 
centum, and not exceeding ten per centum, of the assessed 
valuation of the taxable property therein, if said increase of 
indebtedness shall have been assented to by three-fifths 
of the electors voting at a public election, in such manner as 
shall be provided bv law." (Amendment of Xovember 4, 
1913.) 

Preliminary Explanation: The limits, if any, which should be 
placed on the borrowing power of municipalities is a sub- 
ject of great difficulty and perplexity. As originally pro- 
mulgated, the constitution limited the debt of all municipali- 
ties to seven per centum upon the assessed value of its tax- 
able property. Successive amendments have been passed to 
meet, as they arose, now a condition in Philadelphia, again 
a condition in Pittsburgh or in another municipality, until 
at present the constitution presents two sets of provisions ; 
one relating to Philadelphia and the other to the rest of 
the state, neither of which can be said to represent the re- 
sult of any scientific study of the subject. For the existing 
complicated system, the result of the many amendments of 
recent years, the Commission has here attempted to present 
a single system applicable to all municipalities of the state, 
which we believe will be found easy to understand and apply 
and which will, on the one hand, give to municipalities suf- 
ficient borrowing power to meet the modern requirements 
for public works and, on the other, protect the people of the 
commonwealth from the unfortunate results of reckless 
municipal financing. 



CONSTITUTIONAL AMENDMENT AND REVISION. 335 

Art. XIII, Sec. 17 

Changes in Substance: The last part of the introductory para- 
graph to the section as proposed prescribes: 

"A municipality may incur * * * if its aggregate 
debt for borrowed money would not then exceed the sum 
of * * *?? 

In the present constitution the method of setting forth 
the provisions of the section is to state that the borrowing 
capacity shall not exceed ten per centum of the assessed value 
of property, and then to declare that certain debts, as debts 
incurred for public works, under the conditions set forth 
are not to be regarded as debts for the purpose of the calcu- 
lation. The awkwardness of this method of statement has 
increased the confusion and uncertainty which has always 
surrounded the whole question of the borrowing power of 
municipalities under existing constitutional provisions. 

The principle underlying the provisions of the present con- 
stitution and of the section herein suggested is that a 
municipality may impose, in fact, on its taxpayers, the obli- 
gation to pay interest and amortization charges on a sum 
not exceeding ten per centum of the assessed value of the 
taxable value of the property within the municipality. The 
actual debt may exceed this sum by any amount provided 
there are assured revenues of the municipality from whicli 
the excess can be paid. The form of statement herein sug- 
gested corresponds to the facts. It is declared that a 
municipality may incur debt if its aggregate debt would 
not then exceed the sum of the several clauses set forth, of 
which ten per centum of the assessed value of real property 
in the municipality is one. 

Clause (a) as proposed provides: 

"Ten per centum of the assessed value of the property 
therein taxable by or for the benefit of the municipality." 

At present the limit on the amount of indebtedness that 
may be incurred by a municipality is ten per centum upon 
the assessed value of the taxable property therein. In 
municipalities other than Philadelphlia, any increase above 
seven per centum of the assessed value of the taxable prop- 
erty must be assented to by three-fifths of the electors voting 
on the question. Under clause (a) as proposed, the assent 
of a majority of the electors voting on the question is all 
that is required. 

The words "or for the benefit of" are inserted in clause 
(a) so as to take care of any municipality for which the 
state government, or some other authority except the munici- 
pality itself, actually levied the tax. The four mill tax in 
Pennsylvania on certain "money at interest" and "vehicles 
to hire," was levied by the legislature, and not by any of 
the municipalities benefiting therefrom. As it is quite pos- 
sible that at some future time taxes for municipal purposes, 
on all or a portion of the property included in the basis for 
determining municipal debt limits, might be levied by some 
authority other than the municipalities themselves, it is de- 



336 REPORT OF THE COMMISSION ON 

Art. XIII, Sec. 17 

sirable that the constitution clearly indicate that the prop- 
erty, on which taxes are so levied is to be used as a basis for 
calculating the debt limits of the municipalities. 

Clause (b) as proposed provides: 

"An amount equal to that capital sum which, at the legal 
rate of interest and at such amortization charges as shall 
be prescribed by law would yield an amount equal to the 
net revenue derived by the municipality during the last pre- 
ceding fiscal year from its public improvements." 

Under the present constitution in ascertaining the amount 
of existing indebtedness for the purpose of calculating the 
borrowing power at any time, it is permissible to disregard 
under certain conditions any indebtedness^ incurred in the 
past for public improvements which are yielding an annual 
current net revenue. The conditions under which such in- 
debtedness can be disregarded in the calculation are not the 
same for the city of Philadelphia as for other municipalities. 

In municipalities other than Philadelphia, in order to dis- 
regard a prior indebtedness in calculating the "existing 
indebtedness," the prior indebtedness must have been in- 
curred "for the construction or acquisition of waterworks, 
subways, underground railways or street railways, or the 
appurtenances thereof"; while in Philadelphia the prior in- 
debtedness may have been incurred for "any public improve- 
ment." 

Again, in municipalities other than Philadelphia, such 
indebtedness must have been incurred for the acquisition 
of properties which for a period of five years, either before 
or after their acquisition, have been yielding a net revenue 
sufficient to pay the interest and sinking fund charges on 
such indebtedness; while in Philadelphia the improvement 
for which such indebtedness is incurred must have been 
yielding an annual current net revenue to the city for the 
year immediately preceding the time the calculation is made. 

Furthermore, in any municipality, except Philadelphia, 
no portion of the indebtedness incurred for the acquisition 
of the properties can be deducted from the present indebted- 
ness of the municipality for the purpose of calculating the 
existing borrowing capacity unless the annual net revenue 
has been sufficient to pay all the interest and sinking fund 
charges on the indebtedness incurred for the improvement; 
while in Philadelphia, if the operation of the improvement 
has during the preceding year yielded to the city any cur- 
rent net revenue, there may be deducted from the total in- 
debtedness of the city, for the purpose of calculating its 
borrowing capacity, a capital sum ascertained by determin- 
ing the amount which will yield at the average rate of 
interest and sinking fund charges payable by the city, the 
annual current revenue which the city is receiving from the 
operation of the improvement. 

Clause (b) as proposed is a substitute for these confused 
and complicated provisions. The principle underlying the 



CONSTITUTIONAL AMENDMENT AND REVISION. 337 

Art XIII, Sec. 17 

clause is that where there is a public improvement which is 
actually yielding a net revenue, then that capital sum which 
would yield an equal revenue at the current rate of interest 
and amortization charges can safely be added to the assessed 
value of the taxable real estate in order to ascertain the 
amount of the debt limit of the municipality. The kind of 
public improvement from which the revenue is derived should 
make no difference, neither should it be stipulated that the 
public improvement which is yielding a net revenue should 
have been acquired by the expenditure of borrowed money. 
Therefore, in drafting clause (b), these requirements found 
in the existing constitution have been omitted. 

Clause (c) as proposed provides: 

"The amount of debt secured by liens on public improve- 
ments and imposing no obligation on the municipality, if 
the net revenue derived from such improvements has not 
been taken into account under paragraph (b)." 

This clause expresses the principle that there should not 
be any limitation on the amount of those debts of munici- 
palities which are secured by liens on public improvements 
and impose no liability on the municipality, and that the 
existence of such debts should not limit in any manner the 
borrowing capacity of a municipality. In the present con- 
stitution this principle is recognized but is applied only to 
municipalities other than Philadelphia (Article IX, section 
15 of the present constitution.) In clause (c) as worded, 
the principle is extended to Philadelphia by being made ap- 
plicable to all municipalities. 

Clause (d) as herein proposed provides: 

"So much of any debt incurred within five years to acquire 
public improvements as shall be likely to be allowable under 
paragraph (b) within six years thereafter, if the net revenue 
derived from such improvements has not been taken into ac- 
count under paragraph (b), and if such debt has not been 
taken into account under paragraph (c)." 

In the present constitution, under Article IX, section 15, 
any municipality other than Philadelphia, in computing its 
debt for the purpose of ascertaining its remaining borrow- 
ing capacity, can deduct from its indebtedness any debt in- 
curred to acquire a public improvement which, for a period 
of five years before or after it has been acquired by the 
municipality has yielded a net revenue sufficient to pay the 
interest and sinking fund charges on such debt. 

Under the clause as proposed, the general principle under- 
lying this provision is recognized but the method of treat- 
ment is wholly different and involves the following: 

(1) It makes a uniform rule for all municipalities. (Phila- 
delphia is not excepted.) 

(2) It applies to revenue derived from any public im- 
provement and not merely to revenue derived from water- 
works and transportation facilities. 

22 



338 REPORT OF THE COMMISSION ON 

Art. XIII, Sec. 17 

(3) The public improvement need not have yielded, dur- 
ing a period of five yeais preceding the calculation, a net 
revenue sufficient to pay the legal rate of interest and sink- 
ing fund charges on money borrowed for its acquisition, but, 
on the other hand, the public improvement must be likely 
to yield a revenue within six years from the incurrence of 
the debt contracted to acquire it. Thus, under the pro- 
visions of clause (b), as proposed, if a municipality desires 
to acquire a public utility such as a trolley system, or build 
waterworks, without encroaching on its borrowing capacity 
for other purposes, it could borrow for the purposes of the 
acquisition no more than a sum which would yield, at the 
legal rate of interest and amortization charges, an annual 
net income equal to what, in the opinion of a state-wide 
agency, would be the current annual net revenue within six 
years. 

Clause (e) as proposed provides: 

"The par value of the evidences of debt of the municipality 
owned by it and pledged toward the payment of the principal 
of its debt." 

This clause expresses the principal that where a munici- 
pality owns some of its own debt, that municipality has, to 
all intents and purposes, paid that debt. In such a case, 
the asset and the liability merge or offset each other and in 
all computations of debt limits the securities owned should 
offset or support the debt to the exact amount at which such 
securities are counted as a liability. 

The present constitution makes no express reference to 
this subject, but the Supreme Court has decided that munici- 
pal bonds held in the sinking fund are no longer debts of 
the municipality for the purpose of calculating its borrow- 
ing capacity under the provisions of the constitution. 
(Brooke v. Philadelphia, 162 Pa. 123, 1894; Bruce v. Pitts- 
burgh, 1G6 Pa. 152, 1895.) 

Clause (f) as herein proposed provides: 

"The amount of cash and the market value of investments 
owned by the municipality and the amount of the collectible 
debts due or to fall due owned by the niunicipalit}^ in so 
far as such assets are pledged toward the payment of the 
principal of its debt." 

The subject of this clause is not referred to in the present 
constitution. As herein proposed, it is another application 
of the principle that the borrowing power of a municipality 
may be increased by the amount of its assets available and 
pledged to meet existing indebtedness. 

In Brooke v. Philadelphia, 162 Pa. 123, 1894, the supreme 
court held that securities in the sinking fund, other than the 
bonds of the municipality, are merely an asset of the city and 
do not operate to reduce the debt or increase the borrowing 
capacity of the municipality. The clause as proposed would 
increase the borrowing capacity of the municipality by the 
market value of such securities. 



CONSTITUTIONAL AMENDMENT AND REVISION. 339 

Art. XIII, Sec. 17 

Clause (g) as proposed provides: 

"Eighty per centum of the amount which it is estimated 
as prescribed by law that the municipality will receive 
within five years from assessments against property bene- 
fited by public improvements, if such amount is pledged 
toward the payment of the principal of its debt and it has 
not been taken into account under paragraph (f)." 

This is entirely new matter. It is based on the same 
principle as clause (f ). Under Article XIII, section 22, laws 
may be enacted authorizing assessments against properties 
which are especially and particularly benefited by public 
improvements. As explained in the note appended to that 
section, its object is to enable large public improvements to 
be made by assessing a part of the cost on the property 
specially benefited thereby. Where, in other jurisdictions, 
this system of carrying on public improvements is adopted, 
it has been found in practice to be desirable to make the 
benefits assessed payable over a series of years. Therefore, 
the suggested provision in the section here proposed that 
the assessments to be paid within five years is made the 
basis of the calculation. As the municipality under the 
proposed wording of the clause is the judge of the amount of 
the assessments which will be received, we have inserted, as 
a precaution against over-estimates, the provision that only 
eighty per centum of the amount which it is estimated that 
the municipality will receive is to be taken into considera- 
tion. 

The second paragraph in the section as proposed provides : 

"An indebtedness incurred by a municipality in excess 
of three per centum of the assessed value of the taxable 
property therein shall be approved by a majority of the 
electors thereof at a public election held as prescribed bv 
law." 

The corresponding provision in Article IX, section 8 of the 
present constitution provides that the limit of debt-incurring 
power without the consent of the electorate is two per 
centum. 

The third paragraph of the section as proposed provides: 

"The term 'incur debt/ as used in this section, shall in- 
clude an incurrence of new indebtedness, an extension of the 
maturity of a debt, a deferment of the payment of a debt, 
a change in the form of a debt, and an assumption of a debt.*' 

To avoid the uncertainty and the resulting litigation which 
results from the uncertainty of exactly what constitute an 
incurrence of a new debt or increase in indebtedness under 
the present constitution, it is necessary that the words "in- 
cur debt" as used in this proposed section shall be defined. 
We have intentionally made the definition as) inclusive as 
possible. 

Under the wording of the section as proposed, if a 
municipality desired to refund its debt, the issuing of the 
new obligations in place of the old would not increase the 



340 REPORT OF THE COMMISSION ON 

Art. XIII. Sec. 18 

debt of the municipality, but the act would be an incurrence 
of a debt and if the amount involved was greater than one- 
quarter of one per centum of the assessed value of the real 
estate, the assent of the electorate would have to be obtained. 
This result, it is submitted, is correct in principle. Ques- 
tions pertaining to the refunding of a loan are often as im- 
portant as those involved in the original issue of the loan. 
The final paragraph of the section as proposed provides: 
"A debt shall be deemed to be incurred at the time the 
obligation to pay is entered into or the contract to extend, 
defer, change or assume an existing debt is made." 

This paragraph has been incorporated in the section to 
avoid continuance of the uncertainty and confusion which 
exists today in practice as between different municipalities 
in respect to the time when the debt is incurred. In drafting 
this paragraph, it would be possible to make the time of 
incurring the debt (a) when the ordinance placing the ques- 
tion before the electorate is adopted, or (b) when the elec- 
torate ratify the increase, or (c) when the ordinance is 
adopted directing the proper officers to enter into the in- 
debtedness on behalf of the municipality, or (d) when the 
obligation to pay is actually incurred. Under the provisions 
of the paragraph suggested, the last of these possibilities 
has been adopted. Under its provisions, if the electorate 
authorize two loans at successive times which in the aggre- 
gate exceed the limit of debt-incurring power at the time, 
the one last authorized, if by itself it does exceed the limit, 
may be negotiated, if no action to incur indebtedness has 
been entered into under the first loan. 



Duration and Payment of Debts. 

1 Section 18. " A municipality shall not incur a debt maturing 

2 more than fifty years thereafter. The aggregate amount of prin- 

3 cipal and interest payable in respect of a debt in any year shall 

4 not be less than the amount payable in any later year unless the 

5 sinking fund method of amortization is authorized by law. Such 

6 sinking fund shall be sufficient to pay the accruing interest on 

7 such debt and annually to reduce the principal by a sum not less 

8 than three per centum of such principal. The money in such 

9 sinking fund shall be invested in the bonds of the United States, 

10 of the state government or of a municipality thereof. 

11 On or before incurring a debt by borrowing money, the munici- 

12 pality shall provide for the collection of an annual tax sufficient 

13 to pay the principal and interest as they fall due. 

Note. 
Source: (1) Article IX, section 10: 

"Any county, township, school district or other munici- 
pality incurring any indebtedness shall, at or before the 



CONSTITUTIONAL AMENDMENT AND REVISION. 341 

Art. XIII, Sec. 18 

time of so doing, provide for the collection of an annual tax 
sufficient to pay the interest and also the principal thereof 
within thirty years." 

(2) Article XV, section 3: 

"Every city shall create a sinking fund, which shall be 
inviolably pledged for the payment of its funded debt." 

(3) Part of Article IX, section 8: 

«* * * i n incurring indebtedness for any purpose, the 
city of Philadelphia may issue its obligations maturing not 
later than fifty years from the date thereof, with provision 
for a sinking fund sufficient to retire said obligations at 
maturity, the payment to such sinking fund to be in equal 
or graded annual or other periodical instalments. Where 
any indebtedness shall be or shall have been incurred by 
said city of Philadelphia for the purpose of the construction 
or improvement of public works of any character, from 
which income or revenue is to be derived by said city, or 
for the reclamation of land to be used in the construction 
of wharves or docks owned or to be owned by said city, such 
obligations may be in an amount sufficient to provide for, 
and may include the amount of, the interest and sinking 
fund charges accruing and which may accrue thereon 
throughout the period of construction, and until the expira- 
tion of one year after the completion of the work for which 
said indebtedness shall have been incurred; and said city 
shall not be required to levy a tax to pay said interest and 
sinking fund charges as required by section ten, article nine 
of the constitution of Pennsylvania, until the expiration of 
said period of one year after the completion of said work." 
(Amendment of November 5, 1918.) 

(4) Part of Article IX, section 15: 

a* * * * w nere municipalities or counties shall issue 
obligations to provide for the construction of property, as 
herein provided" (i. e., water- works, subways, underground 
railways or street railways or appurtenances thereto) "said 
municipalities or counties may also issue obligations to pro- 
vide for the interest and sinking fund charges accruing 
thereon until said properties shall have been completed and 
in operation for a period of one year ; and said municipalities 
and counties shall not be required to levy a tax to pay said 
interest and sinking fund charges, as required by section 
ten of article nine of the constitution of Pennsylvania, until 
after said properties shall have been operated by said coun- 
ties or municipalities during said period of one year * * *" 
(Amendment of November 4, 1913.) 

Changes in Substance: (1) The right of the city of Philadel- 
phia, in incurring indebtedness for the construction or im- 
provement of public works of any character from which 
income is to be derived by the city or for the reclamation 
of lands to be used in the construction of wharves and docks 



342 REPORT OF THE COMMISSION ON 

Art. XIII, Sec. 18 

owned or to be owned by the city, and the right of other 
municipalities, in incurring indebtedness for the construc- 
tion of water-works, subways, underground railways or 
street railways or appurtenances thereto, to include the 
amount of the interest and sinking fund charges accruing 
or which may accrue throughout the period of construction 
and until one year after the completion of the work, thus 
relieving the municipality from the obligation to pay interest 
and sinking fund charges on the debt out of current revenues 
until the expiration of one year after the completion of the 
work, is abolished. 

The disastrous effects of the provision of the present con- 
stitution is shown by the figures submitted to the Commis- 
sion by the Department of City Transit in Philadelphia. 
In 1916, |4,000,000 bonds were issued to obtain money for 
the construction of transit facilities. By the end of 1920, 
twenty per cent, of this amount will have been used to pay 
the interest and sinking fund charges on account of these 
bonds. As all work on the sections of the subways for which 
the money was largely borrowed has been stopped, it will 
be perceived that a large proportion of the loan will be 
eventually consumed in the carrying charges. All of which 
means that the people of Philadelphia, by being permitted 
to postpone the day when the carrying charges on the transit 
loans will have to be paid out of taxation, may have doubled 
the amount which will ultimately have to be met by taxation. 

(2) The extension to all municipalities of the right to 
issue bonds maturing in fifty years irrespective of the pur- 
poses for which the bonds are issued. 

Under the present constitution, all bonds issued by a 
municipality must mature within thirty years, except bonds 
issued by the city of Philadelphia, which must mature not 
later than fifty years from the date of issue. 

The longer term reduces the annual amortization charges. 
The Commission believe that a municipal bond should not 
be outstanding longer than the life of the public improve- 
ment for the acquisition of which the debt was created. The 
extension of the term does not violate the principle as the 
more expensive class of public improvements, as subways, 
docks and water-works, are constructed to last for a much 
longer period than fifty years. 

(3) Tne establishment of the serial bond system in lieu 
of the sinking fund system of amortization, unless the sink- 
ing fund system of amortization is authorized by an agency 
created by law with state-wide jurisdiction. This is in 
accordance with modern practice. 

Changes in Style: The Commission's rules of style have been 
followed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 343 

Art. XIII, Sees. 19, 20 

Debts Other Than for Money Borrowed. 

1 Section 19. A municipality shall not incur a debt otherwise 

2 than by the borrowing of money unless there has been an appro- 

3 priation to pay the debt. 

Note. 
Source : Article XV, section 2 : 

"No debt shall be contracted or liability incurred by any 
municipal commission, except in pursuance of an appropria- 
tion previously made therefor by the municipal government." 

Changes in Substance: In the present constitution, Article XV, 
section 2 apparently enunciates the principle that no agency 
other than the municipality itself can incur, for the munici- 
pality, debt or liability "except in pursuance of a previous 
appropriation therefor by the municipal government." The 
Commission, however, believe that the constitution should 
express a far wider principle; namely, that debt, other than 
the borrowing of money, cannot be incurred by a municipal 
government unless an appropriation has been made by such 
government to pay such debt. The section as proposed 
expresses this principle. 

We have worded this section (Article III, section 20, of 
the present constitution) so that it is confined to prohibi- 
tions on a municipality in respect to the creation of a debt, 
and section 21 of this article so that it is confined to pro- 
hibitions on the state government creating municipal com- 
missions to perform municipal functions. 

Changes in Style : The Commission's rules of style have been 
followed. 



Municipalities Not to Pledge Credit. 

1 Section 20. A municipality shall not pledge or lend its credit 

2 to a corporation, association or individual and shall not be a 

3 stockholder or owner in a corporation or association. Except 

4 to discharge municipal liabilities, it shall not appropriate money 

5 to assist a private business enterprise. 

6 The provisions of this section shall not be construed to apply 

7 to the lease by a municipality to a corporation of a public service 

8 facility for a rental dependent on the earnings of the lessee if 

9 the corporation covenants to operate the facility and an agency 
10 created by law to regulate public utilities approves the lease. 

Note. 

Source: Article IX, section 7: 

"The general assembly shall not authorize any county, 
city, borough, township or incorporated district to become 



344 REPORT OF THE COMMISSION ON 

Art. XIII, Sec. 20 

a stockholder in any company, association or corporation, 
or to obtain or appropriate money for, or to loan its credit 
to, any corporation, association, institution or individual." 

Changes in Substance: None. 

Clarifying Changes: The Commission believe that the intent of 
the drafters of the section in the present constitution was 
to prevent a municipality assisting a business enterprise. 
The methods of assistance were to become a stockholder, and 
to appropriate money for or lend its credit to the enterprise. 
In attempting to embody the principle in the section, the 
section was so worded as to make it impossible for the courts 
to construe it as meaning what it says. It says: "The gen- 
eral assembly shall not authorize any county, city, borough 
or incorporated district to become a stockholder in any com- 
pany, association or corporation, or to obtain or appropriate 
money for or to loan its credit to any corporation, associa- 
tion or individual. Interpreted literally, this would prevent, 
on the one hand, the appropriation of money to a corpora- 
tion, association, institution or individual in payment of the 
debts of the municipality; and, on the other, it would pre- 
vent all gifts by the municipality to any corporation, asso- 
ciation, individual or institution. Thus the payment of 
money for widows' pensions would be clearly unconstitu- 
tional. The courts have attempted to construe the section 
so as to make it, if possible, workable, with the result that 
the recorded decisions, while they reflect a certain practical 
common sense, are difficult to reconcile and there is always 
the possibility of litigation raised by a taxpayer's bill to 
restrain an appropriation which while clearly within the 
language of the prohibition of the section, is probably not 
within the intent of its drafters. In re-drafting the section, 
we have attempted to confine the first paragraph to a clear- 
expression of the principle that a municipality should not 
become a partner in or lend its aid to a business enterprise. 
No attempt is made to prevent a gift by a municipality pro- 
vided the gift is not in assistance of a business enterprise. 
The second paragraph is inserted to meet the following 
situation : The people of a city desire a public service facility 
of a particular character, as, for instance, subways for street 
railway passenger traffic. From a commercial point of view 
we will suppose it is not possible to finance the cost of con- 
struction because the returns from the operation of the 
facilities will not yield, above the cost of operation, sufficient 
return to pay the interest on the cost. The city constructs 
the facility, "not with the intent of operating it, but with 
the intent of leasing it to an operating company. Under 
the circumstances supposed, it is not possible for the city to 
secure an operator who will agree to pay the city at all 
events the ordinary rate of interest on the cost of the facility. 
Perhaps the best lease, from the point of view of the city's 
interest, that can be made under the circumstances is a 
lease in which the operator is not obligated to pay any rent 



CONSTITUTIONAL AMENDMENT AND REVISION. 345 

Art. XIII, Sees. 21, 22 

unless the rent is earned out of current revenues above oper- 
ating expenses. Under the wording of the section in the 
present constitution, a doubt has arisen whether such a lease 
would not be held to be a loaning of money. A decision to 
this effect, under an almost similar provision of the Ohio 
constitution, has been made by the supreme court of that 
state. (See State, ex rel., Campbell vs. Cincinnati Street 
Railway Co., 97 Ohio State, 283.) 

Under the wording of the second paragraph of the section 
here proposed, it is clear that such a lease would not violate 
the provisions of the first paragraph of this section. 

Changes in Style: The Commission's rules of style have been 
followed. 



Special Commissions Prohibited. 

1 Section 21. No law shall delegate to a special commission, 

2 corporation or association power to perform a municipal func- 

3 tion, or to make, supervise or interfere with a municipal im- 

4 provement, or with municipal property or money, whether held 

5 in trust or otherwise. 

Note. 

Source: Article III, section 20: 

"The general assembly shall not delegate to any special 
commission, private corporation or association, any power 
to make, supervise or interfere with any municipal improve- 
ment, money, property or effects, whether held in trust or 
otherwise, or to levy taxes or perform any municipal function 
whatever." 

Changes in Substance: None. 

Changes in Style: The Commission's rules of style have been 
followed. 



Assessments of Benefits for Public Improvements. 

1 Section 22. Laws may be enacted authorizing assessments 

2 against properties which are specially and particularly benefited 

3 by public improvements made by the state government or by a 

4 municipality, whether or not such properties abut upon such 

5 public improvements. 

Note. 

Source: This is entirely new matter. 

The principle embodied in this section is to assess the 
direct special monetary increase in values caused by a public 
improvement upon the properties specially benefited, whether 



346 REPORT OF THE COMMISSION ON 

Art. XIII, Sec. 22 

directly abutting on the improvement or not. The payment 
of the assessment can be, and we believe generally will be, 
spread over a period of ten years. 

While an important public work causes a general much- 
diffused increase of values over the whole community, there 
is always a direct special benefit on the property very di- 
rectly within the sphere of influence of such a work, and it 
is only this specialty benefited property that may be assessed 
specially under this section. 

The method of paying for improvements through the assess- 
ment of benefits upon properties- affected, whether or not they 
touch the improvement, is finding more and more general 
application throughout the United States. Under the present 
constitution, as interpreted by the courts, such assessments 
are limited to abutting properties, an arbitrary rule that 
accords with neither fact nor justice. 

That the opening of streets, the construction of transpor- 
tation lines, the creation of parks and other large municipal 
improvements greatly increases the value of property is 
proven in every case where such improvements have been 
made, and it is very seldom that the owners of property 
benefited contribute any substantial aid, financial or other- 
wise, toward the improvement. 

In Philadelphia, the opening of the Boulevard from Broad 
street through the northeastern part of the eity more than 
doubled the value of property in its vicinity. 

Prior to the construction of the Market street subway- 
elevated line in that city the average annual increase, during 
several years, in the assessed value of property in West 
Philadelphia wards was about $2,300,000, while the average 
increase in the same area since its construction has been 
about |11,500,000, most of which has been in the section 
served directly by the car lines using the subway. The terri- 
tory benefited contributed nothing towards the construction 
of the lines, although it received enormous benefits. 

It should be appreciated that failure to assess special 
benefits, where there are special benefits, cripples the prog- 
ress of a city and prevents other property owners from get- 
ting improvements to which they are equally entitled. A 
city has only a certain sum to spend on developments; the 
assessment of benefits will make that sum go much further 
than it would if there were no such assessment. It is, we 
believe, no exaggeration to say that without the amendment 
to the present constitution embodied in the section herein 
proposed, it will not be possible to make, in the old and 
more densely populated cities of the state, the public im- 
provements necessary to enable them to become and continue 
to be attractive places of residence. 

The principle embodied in the section applies to improve- 
ments made by the money of the taxpayer whether the agent 
carrying on the improvement is a municipal government or 
the government of the state. We have, therefore, so worded 
the section as to apply to the state government. We have, 



CONSTITUTIONAL AMENDMENT AND REVISION. 347 

Art. XIII, Sec. 23 

however, placed the section under this article on Municipali- 
ties and not under either Articles III or IV, which deal 
with the organization and powers of the legislative and the 
executive branches of the state government, as we believe 
that this section and the next two sections, 23 and 24, all 
relating to public improvements, should appear in one place 
in the constitution. As section 23, for the reasons stated 
in the note to that section, should appear in this article, and 
section 24, relating as it does only to municipalities, must 
appear in this article; we have also placed in this article 
this section on the assessment of benefits for public improve- 
ments. 



Extent of Land Permitted to be Taken for Public Improvements. 

1 Section 23. When the public purpose for which land is taken 

2 can best be attained by acquiring more land than the state 

3 government or the municipality proposes to retain, the state 

4 government or the municipality, subject to regulations prescribed 

5 by law, may take all the land which in its judgment is needed for 

6 the attainment of such purpose and may dispose of portions 

7 thereof, subject to restrictions protective of the public purpose. 

Note. 
Source : This is entirely new matter. 

The amendment proposed in this section embodies the 
principle that when the public take land they should be able 
to take enough land to fully carry out the public purposes 
intended. As worded, it recognizes the fact that this in 
many cases necessarily involves taking some land which will 
not be permanently retained for public use. The reason 
for and the purpose of the section can be best made clear 
by the following illustration. 

Suppose the public improvement desired by a city is a 
boulevard which will cut the boundary lines of properties 
fronting on the older existing streets at all sorts of angles. 
If the land taken is confined to the lines of the boulevard, 
it is impossible to carry out fully the object of the improve- 
ment, which is to have the boulevard lined by large and well- 
built public and private properties. Practically, this object 
can be obtained only by condemning the land on either side 
of the line of the proposed boulevard to a depth sufficient to 
afford suitable building lots fronting on the boulevard. 

Already the facts here set forth have been recognized in 
other states, Massachusetts in 1911, Ohio and Wisconsin in 
1912 and New York in 1913, have adopted amendments to 
their constitutions similar to the one embodied in this 
section. 

It will be noted that the section applies to land taken by 
the state government as well as land taken by a municipality. 



348 REPORT OF THE COMMISSION ON 

Art. XIII, Sees. 24, 25 

It therefore, in strictness, should not be placed in an article 
the title to which indicates that it is confined to municipali- 
ties. We have placed it in this article because there is no 
other article to which it can be properly assigned. It does 
not require legislation to make it operative and therefore 
should not be placed in Article III, and it yould not seem 
advisable to create a separate article on the taking of land. 



Zoning of Municipalities. 

1 Section 24. Municipalities may be authorized by law to pro- 

2 mote the general welfare by regulating the location, size and use 

3 of buildings. For the purpose of such regulations, a municipality 

4 may divide its territory into districts, to each of which special 

5 regulations may be applied. 

Note. 
Source: This is entirely new matter. 

We believe that it is generally recognized that a modern 
city, or a municipality created to govern a country district 
should have the power to divide its territory into zones for 
the purpose of making regulations which will enable each 
zone to be developed along lines suitable to its location, and 
permit the scientific planning of the development of the en- 
tire territory for the best interest of the whole community. 

We therefore believe that the general assembly should 
have the right to grant to any class of municipalities the 
power to adopt what is popularly known as a zoning system, 
and have suggested the adoption of the section so as to re- 
move, so far as possible, . any constitutional objection that 
may exist to such legislation. 



Contracts Between Municipalities. 

1 Section 25. A municipality may, as prescribed by law, con 

2 tract with one or more municipalities for the joint acquisition, 

3 construction, maintenance, supervision or operation of public 

4 property, for the creation of agencies to effect any of such pur- 

5 poses, and for the creation of such agencies as may be mutually 

6 agreed upon for the good government of the municipalities. Such 

7 agencies shall not levy taxes or borrow money. Every such 

8 contract shall name arbitrators. 

Note. 
Source : This is entirely new matter. ^ 

There are many improvements, as, for instance, the proper 
drainage of a large district or its proper water supply, which 



CONSTITUTIONAL AMENDMENT AND REVISION. 349 

Art. XIII, Sees. 26, 27 

are too large to carried out by one municipality. Such im- 
provements can be carried out in three ways : 

(1) By the action of the state government. 

(2) By the creation of a new class of municipalities for 
the purpose of carrying on the improvement. 

(3)* By the joint action of the municipalities, the terri- 
tories of which are affected by the improvement. 

The amendment embodied in the section here proposed 
will, if adopted, remove any possible constitutional objection 
to the third method. 

The section will also enable two or more municipalities, 
when permitted by law, to carry on jointly any municipal 
activity, as, for instance, police protection. 



Street Passenger Railways in Cities, Boroughs or Townships. 

1 Section 26. A street passenger railway shall not be con- 

2 structed in a city, borough or township except with the consent 

3 of the municipality. 

4 The provisions of this section shall not be construed to permit 

5 a restriction on the power of the state government to regulate 

6 the operation of such a railway. 

Note. 
Source: Article XVII, section 9: 

"No street passenger railway shall be constructed within 
the limits of any city, borough or township, without the 
consent of its local authorities." 

Changes in Substance: None. 

Clarifying Changes : The second paragraph of the section makes 
it certain that the wording of the first paragraph, which is 
practically identical with Article XVII, section 9, of the 
present constitution, will never be construed to permit any 
action on the part of the state government or a municipal 
government as taking from the state government the right 
to regulate the operation of such street passenger railways 
as may be constructed with the consent of the local authori- 
ties. We believe that the retention in the state government 
of the police power of the commonwealth over the operation 
of all utilities is essential to public welfare. 

Changes in Style: The Commission's rules of style have been 
followed. 



One Place of Paying Taxes in Cities and Boroughs. 

1 Section 27. Laws shall be enacted to enable a taxpayer in 

2 each city and borough to pay all municipal taxes at one office. 



350 REPORT OF THE COMMISSION ON 

Art. XIV, Sec. 1 

Note. 
Source: This is entirely new matter. 

The adoption of this provision will, we believe, do away 
with the system of having different offices for the payment of 
county, school and city or borough taxes. It will enable 
the residents of each city and borough to pay not merely city 
or borough taxes at one office, but all taxes — county, school 
or other taxes — except state taxes, at one office. There may 
be, after the adoption of the section, more than one office 
in a city or borough at which taxes are paid, but any one 
taxpayer will be able to pay all his municipal taxes at one 
office. 



ARTICLE XIV. 



AMENDMENT AND REVISION. 



Preliminary Note. 
Source: Article XVIII of the present constitution. 

Title: In the present constitution this article is entitled "Future 
Amendments." The change in title is made to cover the 
proposed additional section relating to revision of the consti- 
tion by a constitutional convention. 



Amendment of Constitution. 

1 Section 1. An amendment to this constitution may be pro- 

2 posed in the general assembly. If agreed to by a majority of 

3 the members elected to each house, it shall be entered on the 

4 journals with the names of the members voting for and of those 

5 voting against, and the secretary of the commonwealth shall 
(J cause it to be published once a week for four weeks immediately 

7 preceding the next general election in at least two newspapers in 

8 every county in which newspapers shall be published. If it 
shall be likewise agreed to by the next general assembly, the sec- 

10 retary of the commonwealth shall cause it to be published in the 

11 manner aforesaid for four weeks immediately preceding the first 

12 general or municipal election which shall first occur not less than 

13 three months after such agreement, and it shall be submitted at 

14 such election to the electors of the commonwealth in such manner 

15 as the general assembly shall prescribe. If it shall be approved 

16 by a majority of the electors voting thereon, it shall become a 



CONSTITUTIONAL AMENDMENT AND REVISION. 351 

Art. XIV, Sec. 1 

17 part of the constitution. When two or more amendments are 

18 submitted to the electors at the same time, they shall be voted 

19 upon separately. When any amendment submitted to the elec- 

20 tors shall not be approved by a majority thereof , no amendment 

21 substantially the same shall again be submitted to the electors 

22 within five years. 

Note. 
Source: Article XVIII, section 1: 

"Any amendment or amendments to this constitution may 
be proposed in the senate or house of representatives ; and, 
if the same shall be agreed to by a majority of the members 
elected to each house, such proposed amendment or amend- 
ments shall be entered on their journals with the yeas and 
nays taken thereon, and the secretary of the commonwealth 
shall cause the same to be published three months before the 
next general election, in at least two newspapers in every 
county in which such newspapers shall be published; and 
if, in the general assembly next afterwards chosen, such pro- 
posed amendment or amendments shall be agreed to by a 
majority of the members elected to each house, the secretary 
of the commonwealth shall cause the same again to be pub- 
lished in the manner aforesaid; and such proposed amend- 
ment or amendments shall be submitted to the qualified elec- 
tors of the state in such manner and at such time at least 
three months after being so agreed to by the two houses, 
as the general assembly shall prescribe; and if such amend- 
ment or amendments shall be approved by a majority of 
those voting thereon, such amendment or amendments shall 
become a part of the constitution; but no amendment or 
amendments shall be submitted oftener than once in five 
years. When two or more amendments shall be submitted 
they shall be voted upon separately." 

Changes in Substance: (1) The required advertisement, when 
the amendment has been passed by two successive general 
assemblies, may precede either a general or a municipal 
election. Under the present constitution, it must precede a 
general election. The change is made for the following 
reasons : 

The general assembly meets and municipal elections are 
held in odd-numbered years. General elections are held in. 
even-numbered years. If any amendment is agreed to by the 
general assembly in 1921 and is again ratified in 1923, it 
cannot, under the present constitution be advertised until 
1924. The Commission believe that the electors should have 
an opportunity to pass on the proposed amendment at 
the first election after its second approval by the general 
assembly, i. e., the election of 1923. 

(2) The amendment must be published by the secretary of 
the commonwealth for four weeks, instead of thirteen weeks, 
as provided in the present constitution. 



352 REPORT OF THE COMMISSION ON 

Art. XIV, Sec. 2 

Clarifying Changes: The language of the present constitution 
as to advertisements is ambiguous. The Commission there- 
fore recommend substituting the words "to be published once 
a week for four weeks immediately preceding the next regu- 
lar election." This change is approved by the Secretary of 
the Commonwealth. 

Changes in Style: The Commission's rules of style have been 
followed. 



Constitutional Conventions. 

1 Section 2. The general assembly may recommend to the elec- 

2 tors of the commonwealth to vote for or against a convention 

3 for the framing of a new constitution or of amendments to this 

4 constitution, or of a revision thereof. Such convention shall be 

5 held only with the approval of a majority of the electors voting 

6 on the question. It shall be composed of delegates chosen by the 

7 electors of the commonwealth. The new constitution, the amend- 

8 ments or the revised constitution proposed by the convention 

9 shall become effective only when ratified by a majority of the 

10 electors of the commonwealth voting thereon. The times and 

11 methods of such voting and election and the composition of the 

12 convention shall be determined by the general assembly with the 

13 consent of a majority of the members elected to each house. 

Note. 
Source: This is entirely new matter. After very careful con- 
sideration of the principles and precedents involved, the 
Commission have concluded that the method of change, 
amendment or revision upon recommendation of a constitu- 
tional convention should be embodied in the constitution 
itself. 

The proposed section contemplates five steps in such a 
process : 

1. The action of the general assembly directing a vote to 
be taken as to the desirability of holding a constitutional 
convention. 

2. A vote favorable to the proposition. ' 

(Constitutional conventions have been held in Pennsyl- 
vania and elsewhere without the approval of the electors; 
that is, the electors have simply been permitted by a statute 
to choose delegates without first having an opportunity to 
approve or to disapprove of the holding of a constitutional 
convention. In view, however, of the prevailing modern 
practice, and of the doubt felt by the Commission as to the 
validity of a convention held without such approval, the 
second sentence of the proposed section is recommended. 

It will be observed that it would be feasible, under the 
proposed section, to place before the electors at the same 



CONSTITUTIONAL AMENDMENT AND REVISION. 353 

Concluding Section. 

election, the question of holding a convention and the choice 
of delegates.) 

3. The election of delegates to the convention. 

4. The submission of proposals by the convention to the 
electors. 

5. A vote favorable to the proposals. 

The constitutions of Pennsylvania of 1776 and 1790 were 
promulgated by the constitutional conventions which drafted 
them. But the universal modern practice is to require the 
proposals of the convention to be approved by the electors. 
The Commission therefore recommend that such approval be 
expressly provided for in the constitution. 



CONCLUDING SECTION. 

1 Wherever a term in the masculine form is used in this constitu- 

2 tion, it refers to men and women alike. 

Note. 

Source: This is entirely new matter. It is necessary because 
it has been impossible to draft a constitution without using 
the masculine pronoun. To say "he or she/' or "him or her'' 
on every occasion would be awkward in the extreme. 



23 




(354) 



EXHIBIT D 



THE PRESENT CONSTITUTION. 

With cross-references to the corresponding provisions of the consti 

tion as proposed. 



(355) 




(356) 



Art. I; Art. II, Sees. 1, 2 

EXHIBIT D 



THE PRESENT CONSTITUTION. 



With cross-references to the corresponding provisions of the consti- 

tion as proposed. 



ARTICLE I. 

DECLARATION OF RIGHTS. 

Note. 

The Commission recommend that the Declaration of Rights be 
adopted without change. The text will be found in Part II of the 
Report of the Commission. 



ARTICLE II. 

THE LEGISLATURE. 

Legislative Power. 

Section 1. The legislative power of this commonwealth shall be 
vested in the general assembly which shall consist of a Senate and a 
House of Representatives. 

Corresponding provisions in — 

Art. II, sec. 1, constitution as proposed. 

Election of Members. — Vacancies. 

Section 2. Members of the general assembly shall be chosen at the 
general election every second year. Their term of service shall begin 
on the first day of December next after their election. Whenever a 
vacancy shall occur in either House, the presiding officer thereof shal I 
issue a writ of election to fill such vacancy for the remainder of the 
term. 

Corresponding provisions in — 

Art. II, sec. 6, constitution as proposed. 

(357) 



358 REPORT OF THE COMMISSION ON 

Art. II, Sees. 3, 4, 5, 6, 7 

Terms of Members. 

Section 3. Senators shall be elected for the term of four years and 
representatives for the term of two years. 

Part of— 

Art. II, sec. 6, constitution as proposed. 

Sessions. — —United States Senators. 

Section 4. The general assembly shall meet at twelve o'clock, noon, 
on the first Tuesday of January every second year, and at other times 
when convened by the governor, but shall hold no adjourned annual 
session after the year one thousand eight hundred and seventy-eight. 
In case of a vacancy in the office of United States senator from this 
commonwealth, in a recess between sessions, the governor shall con- 
vene the two houses, by proclamation on notice not exceeding sixty 
days to fill the same. 

Corresponding provisions in — 

Art. II, see. 9, constitution as proposed. 

The provisions in the present constitution following the words "annual session" 
have been omitted as obsolete. 

Qualification of Members. 

Section 5. Senators shall be at least twenty-five years of age and 
representatives twenty-one years of age. They shall have been 
citizens and inhabitants of the state four years, and inhabitants of 
their respective districts one year next before their election (unless 
absent on the public business of the United States or of this state), 
and shall reside in their respective districts during their terms of 
service. 

Corresponding provisions in- 
Art. II, sec. 5, constitution as proposed. 

Disqualification to Hold Other Office. 

Section 6. No senator or representative shall, during the time for 
which he shall have been elected, be appointed to any civil office 
under this commonwealth, and no member of Congress or other 
person holding any office (except of attorney-at-law or in the militia) 
under the United States or this Commonwealth shall be a member 
of either House during his continuance in office. 

Corresponding provisions in — 

Art. VII, sec. 2, constitution as proposed. 

Certain Crimes to Disqualify. 

Section 7. No person hereafter convicted of embezzlement of public 
moneys, bribery, perjury or other infamous crime shall be eligible to 
the general assembly, or capable of holding any office of trust or 
profit in this commonwealth. 

Corresponding provisions in — 

Art. VII, sec. 3, constitution as proposed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 359 

Art. II, Sees. 8, 9, 10, 11 

Compensation. 

Section 8. The members of the general assembly shall receive such 
salary and mileage for regular and special sessions as shall be fixed 
by law, and no other compensation whatever, whether for service upon 
committee or otherwise. No member of either House shall, during 
the term for which he may have been elected, receive any increase of 
salary, or mileage, under any law passed during such term. 

Corresponding provisions in — 

Art. II, sec. 7, constitution as proposed. 



Presiding Officers. — Other Officers.— Election and Qualification of 

Members. 

Section 9. The Senate shall, at the beginning and close of each regu- 
lar session and at such other times as may be necessary, elect one of 
its members president pro tempore, who shall perform the duties of 
the Lieutenant Governor, in any case of absence or disability of that 
officer, and whenever the said office of Lieutenant Governor shall be 
vacant. The House of Representatives shall elect one of its members 
as speaker. Each House shall choose its other officers, and shall 
judge of the - election and qualifications of its members. 

Corresponding provisions in — 

Art. II, sec. 12; Art. II, sec. 11, constitution as proposed. 
The definition of the duties of the president pro tempore of the senate has 
been omitted because covered by Article IV, section 14, as proposed. 



Quorum. 

Section 10. A majority of each House shall constitute a quorum, 
but a smaller number may adjourn from day to day and compel the 
attendance of absent members. 

Corresponding provisions in — 

Art. II, sec. 10, constitution as proposed. 



Powers of Each Branch. — Explusion. 

Section 11. Each House shall have power to determine the rules of 
its proceedings and punish its members or other persons for contempt 
or disorderly behavior in its presence, to enforce obedience to its pro- 
cess, to protect its members against violence or offers of bribes or 
private solicitation, and, with the concurrence of two-thirds, to expel 
a member, but not a second time for the same cause, and shall have 
all other powers necessary for the legislature of a free state. A 
member expelled for corruption shall not thereafter be eligible to 
either House, and punishment for contempt or disorderly behavior 
shall not bar an indictment for the same offense. 

Corresponding provisions in — 

Art. II, sec. 11, constitution as proposed. 



360 REPORT OP THE COMMISSION ON 

Art. II, Sees. 12, 13, 14, 15, 16 

Journals. — Yeas and Nays. 

Section 12. Each House shall keep a journal of its proceedings and 
from time to time publish the same, except such parts as require 
secrecy, and the yeas and nays of the members on any question shall, 
at the desire of any two of them, be entered on the journal. 

Corresponding provisions in — 

Art. II, sec. 14, constitution as proposed. 

Sessions Shall be Open. 

Section 13. The sessions of each House and of committees of the 
whole shall be open, unless when the business is such as ought to be 
kept secret. 

Corresponding provisions in- 
Art. II, sec. 15, constitution as proposed. 

Adjournments. 

Section 14. Neither House shall, without the consent of the other, 
adjourn for more than three days, nor to any other place than that in 
which the two Houses shall be sitting. 

Corresponding provisions in — 

Art. II, sec. 16, constitution as proposed. 

Privileges of Members. 

Section 15. The members of the general assembly shall in all cases, 
except treason, felony, violation of their oath of office, and breach of 
surety of the peace, be privileged from arrest during their attend- 
ance at the sessions of. their respective Houses, and in going to and 
returning from the same; and for any speech or debate in either 
House they shall not be questioned in any other place. 

Corresponding provisions in — 

Art. 11, sec. 8, constitution as proposed. 

Senatorial Districts. — Ratio. 

Section 16. They shall be divided into fifty senatorial districts 
of compact and contiguous territory as nearly equal in population as 
may be, and each district shall be entitled to elect one senator. Each 
county containing one or more ratios of population shall be entitled 
to one senator for each ratio, and to an additional senator for a sur- 
plus of population exceeding three-fifths of a ratio, but no county 
shall form a separate district unless it shall contain four-fifths of a 
ratio, except where the adjoining counties are each entitled to one or 
more senators when such county may be assigned a senator on less 
than four-fifths and exceeding one-half of a ratio ; and no county shall 
be divided unless entitled to two or more senators. No city or county 
shall be entitled to separate representation exceeding one-sixth of 
the whole number of senators. No ward, borough or township shall 



CONSTITUTIONAL AMENDMENT AND REVISION. 361 

Art. II, Sees. 17, 18; Art. Ill, Sec. 1 

be divided in the formation of a district. The senatorial ratio shall 
be ascertained by dividing the whole population of the state by the 
number fifty. 

Corresponding provisions in — 

Art. II, sec. 3, constitution as proposed. 



Representative Districts. 

Section 17. The members of the House of Kepresentatives shall be 
apportioned among the several counties, on a ratio obtained by divid- 
ing the population of the state as ascertained by the most recent 
United States census by two hundred. Every county containing less 
than five ratios shall have one representative for every full ratio, and 
an additional representative when the surplus exceeds half a ratio; 
but each county shall have at least one representative. Every county 
containing five ratios or more shall have one representative for every 
full ratio. Every city containing a population equal to a ratio shall 
elect separately its proportion of the representatives allotted to the 
county in which it is located. Every city entitled to more than four 
representatives, and every county having over one hundred thousand 
inhabitants shall be divided into districts of compact and contiguous 
territory, each district to elect its proportion of representatives 
according to its population, but no district shall elect more than 
four representatives. . 

Corresponding provisions in — 

Art. II, sec. 4, constitution as proposed. 



Legislative Apportionment. 

Section 18. The general assembly at its first session after the adop- 
tion of this constitution, and immediately after each United States 
decennial census, shall apportion the state into senatorial and repre- 
sentative districts agreeably to the provisions of the two next pre- 
ceding sections. 

Corresponding provisions in — 

Art. II, sec. 2, constitution as proposed. 



ARTICLE III. 

LEGISLATION. 

Passage of Bills.— Change of Purpose. 

Section 1. No law shall be passed except by bill, and no bill shall 
be so altered or amended, on its passage through either House, as to 
change its original purpose. 

Corresponding provisions in — 

Art. Ill, sec. 1; Art. Ill, sec. 5, constitution as proposed. 



362 REPORT OF THE COMMISSION ON 

Art. Ill, Sees. 2, 3, 4, 5, 6, 7 

Reference to Committee.— Printing. 

Section 2. No bill shall be considered unless referred to a commit- 
tee, returned therefrom, and printed for the use of the members. 

Corresponding provisions in — 

Art. Ill, sec. 2, constitution as proposed. 

Subject of Bills.— Title. 

Section 3. No bill except general appropriation bills shall be passed 
containing more than one subject, which shall be clearly expressed 
in its title. 

Corresponding provisions in — 

Art. Ill, sees. 9, 10, constitution as proposed. 

Three Readings.— Amendments. — Final Vote. 

Section 4. Every bill shall be read at length on three different days 
in each House ; all amendments made thereto shall be printed for the 
use of the members before the final vote is taken on the bill, and no 
bill shall become a law, unless on its final passage the vote be taken 
by yeas and nays, the names of the persons voting for and against 
the same be entered on the journal, and a majority of the members 
elected to each House be recorded thereon as voting in its favor. 

Corresponding provisions in — 

Art. Ill, sees. 5, 7, constitution as proposed. 

Concurring in Amendments. — Conference Committee Reports. 

Section 5. No amendment to bills by one House shall be concurred 
in by the other, except by the vote of a majority of the members 
elected thereto, taken by yeas and nays, and the names of those voting 
for and against recorded upon the journal thereof; and reports of 
committees of conference snail be adopted in either House only by the 
vote of a majority of the members elected thereto, taken by yeas and 
nays, and the names of those voting recorded upon the journals. 

Corresponding provisions in — 

Art. Ill, sec. 5, constitution as proposed. 

Revival and Amendment of Laws. 

Section 6. No law shall be revived, amended, or the provisions 
thereof extended or conferred, by reference to its title only, but so 
much thereof as is revived, amended, extended or conferred shall be 
re-enacted and published at length. 

Corresponding provisions in — 

Art. Ill, sec. 11, constitution as proposed. 

Special and Local Legislation Limited. 
Section 7. The general assemby shall not pass any local or special 
law : 

Authorizing the creation, extension or impairing of liens: 



CONSTITUTIONAL AMENDMENT AND REVISION. 363 

Art. Ill, Sec. 7 

Regulating the affairs of counties, cities, townships, wards, bor- 
oughs or school districts: 

Changing the names of persons or places : 

Changing the venue in civil or criminal cases: 

Authorizing the laying out, opening, altering or maintaining, roads, 
highways, streets or alleys: 

Eclating to ferries or bridges, or incorporating ferry or bridge 
companies, except for the erection of bridges crossing streams which 
form boundaries between this and any other state: 

Vacating roads, town plats, streets or alleys : 

Relating to cemeteries, graveyards, or public grounds not of the 
state : 

Authorizing the adoption or legitimation of children: 

Locating or changing county seats, erecting new counties or chang- 
ing county lines: 

Incorporating cities, towns or villages, or changing their charters : 

For the opening and conducting of elections, or fixing or changing 
the place of voting: 

Granting divorces: 

Erecting new townships or boroughs, changing township lines, 
borough limits or school districts: 

Creating offices, or prescribing the powers and duties of officers in 
counties, cities, boroughs, townships, election or school districts: 

Changing the law of descent or succession: 

Regulating the practice or jurisdiction of, or changing the rules of 
evidence in, any judicial proceeding or inquiry before courts, alder- 
men, justices of the peace, sheriffs, commissioners, arbitrators, audi- 
tors, masters in chancery or other tribunals, or providing or chang- 
ing methods for the collection of debts, or the enforcing of judgments, 
or prescribing the effect of judicial sales of real estate: 

Regulating the fees, or extending the powers and duties of alder- 
men, justices of the peace, magistrates or constables: 

Regulating the management of public schools, the building or re- 
pairing of schoolhouses, and the raising of money for such purposes : 

Fixing the rate of interest: 

Affecting the estates of minors or persons under disability: 

Remitting fines, penalties and forfeitures, or refunding moneys 
legally paid into the treasury: 

Exempting property from taxation: 

Regulating labor, trade, mining or manufacturing: 

Creating corporations, or amending, renewing or extending the 
charters thereof: 

Granting to any corporation, association or individual any special 
or exclusive privilege or immunity, or to any corporation, association 
or individual the right to lay down a railroad track: 

Nor shall the general assembly indirectly enact such special or 
local law by the partial repeal of a general law; but laws repealing 
local or special acts may be passed: 

Nor shall any law be passed granting powers or privileges in any 
case where the granting of such powers and privileges shall have been 



364 REPORT OF THE COMMISSION ON 

Art III, Sees. 8, 9, 10 

provided for by general law, nor where the courts have jurisdiction to 
grant the same or give the relief asked for. 

Corresponding provisions in — - 

Art. Ill, sec. 20, constitution as proposed. 

The final paragraph is omitted. The first part of it, through the words ''general 
law," is covered by clause (o) as proposed. The final clause was probably 
intended to apply only to special benefits, powers and privileges, such, for 
instance, as the granting of a divorce. If this is the correct interpretation of 
the present provision, it is superfluous in view of clause (o) as proposed, 
which forbids a special law "granting a benefit, privilege or power." 

If the language of the present constitution means more than this, the exact 
meaning is not clear. If it is intended to express the idea that a general law 
can not grant a benefit, privilege or power which the courts are empowered 
to grant, it simply repeats the principle expressed in Article V, section 1, 
that "the judicial power of the commonwealth is vested" in the courts and 
can not therefore be exercised by the law-making authority. If it is intended 
to prevent administrative officers from exercising jurisdiction concurrent with 
the courts, it can apply only to matters relating to "the conduct of elections" 
(Article V, section 19 as proposed), since all other powers of the courts 
are necessarily exclusive because either judicial or appointive. 

The Commission have therefore omitted a provision of such doubtful and limited 
operation. 



Notice of Local and Special Bills. 

Section 8. No local or special bill shall be passed unless notice of 
tfte intention to apply therefor shall have been published in the 
locality where the matter or the thing to be affected may be situated, 
which notice shall be at least thirty days prior to the introduction 
into the general assembly of such bill and in the manner to be pro- 
vided by law ; the evidence of such notice having been published, shall 
be exhibited in the general assembly, before such act shall be passed. 

Corresponding provisions in — 

Art. Ill, sec. 6, constitution as proposed. 



Signing of Bills by Presiding Officers. 

Section 9. The presiding officer of each House shall, in the presence 
of the House over which he presides, sign all bills and joint resolu- 
tions passed by the general assembly, after their titles have been 
publicly read immediately before signing; and the fact of signing 
shall be entered on the journal. 

Corresponding provisions in — 

Art. Ill, sec. 8, constitution as proposed. 



Officers and Employes. — Payments. 

Section 10. The general assembly shall prescribe by law the num- 
ber, duties and compensation of the officers and employes of each 
House, and no payment shall be made from the State Treasury, or 
be in any way authorized, to any person, except to an acting officer 
or employe elected or appointed in pursuance of law. 

Corresponding provisions in — 

Art. II, sec. 13, constitution as proposed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 365 

Art. Ill, Sees. 11, 12, 13, 14, 15 

Extra Compensation Prohibited. — Claims Against the State. 

Section 11. No bill shall be passed giving any extra compensation 
to any public officer, servant, employe agent or contractor, after serv- 
ices shall have been rendered or contract made, nor providing for the 
payment of any claim agairfst the commonwealth without previous 
authority of law. 

Corresponding provisions in — 

Art. Ill, sec. 16, constitution as proposed. 

Public Printing and Supplies. 

Section 12. All stationery, printing, paper and fuel used in the 
legislative and other departments of government shall be furnished, 
and the printing, binding and distributing of the laws, journals, de- 
partment reports, and all other printing and binding, and the repair- 
ing and furnishing the halls and rooms used for the meetings of the 
general assembly and its committees, shall be performed under con- 
tract to be given to the lowest responsible bidder below such maxi- 
mum price, and under such regulation, as shall be prescribed by law; 
no member or officer of any department of the government shall be 
in any way interested in such contracts, and all such contracts shall 
be subject to the approval of the Governor, Auditor General and 
State Treasurer. 

Corresponding provisions in- 
Art. IV, sees. 20, 21, constitution as proposed. 

Extension of Terms. 

Section 13. No law shall extend the term of any public officer, or 
increase or diminish his salary or emoluments, after his election or 
appointment. 

Corresponding provisions in — 

Art. VII, sec. 5, constitution as proposed. 

Revenue Bills. 

Section 14. All bills for raising revenue shall originate in the 
House of Representatives, but the Senate may propose amendments 
as in other bills. 

Corresponding provisions in — 

Art. III. sec. 2, constitution as proposed. 

Appropriation Bills. 

Section 15. The general appropriation bill shall embrace nothing 
but appropriations for the ordinary expenses of the executive, legis- 
lative and judicial departments of the commonwealth, interest on the 
public debt and for public schools ; all other appropriations shall be 
made by separate bills, each embracing but one subject. 

Corresponding provisions in- 
Art. Ill, sec. 12, constitution as proposed. 



366 REPORT OF THE COMMISSION ON 

Art. Ill, Sees. 16, 17, 18, 19, 20 

Paying Out Public Moneys. 

Section 16. No money shall be paid out of the treasury, except upon 
appropriations made by law, and on warrant by the proper officer 
in pursuance thereof. 

Corresponding provisions in — 

Art. VIII, see. 10, constitution as proposed. 



Appropriations to Charitable and Educational Institutions. 

Section 17. Xo appropriation shall be made to any charitable or 
educational institution not under the absolute control of the com- 
monwealth, other than normal schools established by law for the pro- 
fessional training of teachers for the public schools of the state, ex- 
cept by a vote of two-thirds of all the members elected to each house. 

Corresponding provisions in — 

Art. Ill, sec. 13, constitution as proposed. 
The special reference to normal schools has been omitted because all normal 
schools are now under the absolute control of the commonwealth. 



Certain Appropriations Forbidden. 

Section 18. No appropriations, except for pensions or gratuities 
for military services, shall be made for charitable, educational or 
benevolent purposes, to any person or community, nor to any de- 
nominational or sectarian institution, corporation or association. 

Corresponding provisions in — 

Art. Ill, sees. 14, 15, 16. constitution as proposed. 



Appropriations for the Support of Widows and Orphans of Soldiers. 

Section 19. The general assembly may make appropriations of 
money to institutions wherein the widows of soldiers are supported 
or assisted, or the orphans of soldiers are maintained and educated ; 
but such appropriation shall be applied exclusively to the support of 
such widows and orphans. 

Omitted because this class of institutions is covered by Article III section 15, 
as proposed. 



Special Commissions Prohibited. 

Section 20. The general assembly shall not delegate to any special 
commission, private corporation or association, any power to make, 
supervise or interfere with any municipal improvement, money, prop- 
erty or effects, whether held in trust or otherwise, or to levy taxes or 
perform any municipal function whatever. 

Corresponding provisions in — 

Art. XIII, sec. 21. constitution as propos<V. 



CONSTITUTIONAL AMENDMENT AND REVISION. 367 

Art. Ill, Sees. 21, 22, 23, 24 

Employers' Liability. — Workmen's Compensation. — Damages for 
Injuries to Persons or Property. 

Section 21. The general assembly may enact laws requiring the 
payment by employers, or employers and employes jointly, of reason- 
able compensation for injuries to employes arising in the course of 
their employment, and for occupational diseases of employes, whether 
or not such injuries or diseases result in death, and regardless of 
fault of employer or employe, and fixing the basis of ascertainment of 
such compensation and the maximum and minimum limits thereof, 
and providing special or general remedies for the collection thereof; 
but in not other cases shall the general assembly limit the amount to 
be recovered for injuries resulting in death, or for injuries to persons 
or property, and in case of death from such injuries, the right of ac- 
tion shall survive, and the general assembly shall prescribe for whose 
benefit such actions shall be prosecuted. No act shall prescribe any 
limitations of time within which suits may be brought against cor- 
porations for injuries to persons or property, or for other causes, 
different from those fixed by general laws regulating actions against 
natural persons, and such acts now existing are avoided. (Amend- 
ment of Nov. 2, 1915.) 

Corresponding provisions in — ■ 

Art. Ill, sec. 21; Art. IX, sec. 9, constitution as proposed. 



Investment of Tr^st Funds. 

Section 22. No act of the general assembly shall authorize the in- 
vestment of trust funds by executors, administrators, guardians or 
other trustees, in the bonds or stock of any private corporation, and 
such acts now existing are avoided saving investments heretofore 
made. 

Corresponding provisions in — 

Art. IX, sec. 3, constitution as proposed. 



Change of Venue. 

Section 23. The power to change the venue in civil and criminal 
cases shall be vested in the courts, to be exercised in such manner 
as shall be provided by law. 

Corresponding provisions in — 

Art. V, sec. 20, constitution as proposed. 



Corporate Obligations Owned by State. 

Section 24. No obligation or liability of any railroad or other cor- 
poration, held or owned by the commonwealth, shall ever be ex- 
changed, transferred, remitted, postponed or in any way diminished 
by the general assembly, nor shall such liability or obligation be re- 
leased, except by payment thereof into the State Treasury. 

Corresponding provisions in — 

Art. IX, sec. 8, constitution as proposed. 



368 REPORT OF THE COMMISSION ON 

Art. Ill, Sees. 25, 26, 27, 28, 29 

Legislation During Special Session. 

Section 25. When the general assembly shall be convened in special 
session, there shall be no legislation upon subjects other than those 
designated in the proclamation of the Governor calling such session. 

Corresponding provisions in — 

Art. Ill, sec. 25, constitution as proposed. 

Concurrent Resolutions, &c, to be Presented to Executive. 

Section 26. Every order, resolution or vote, to which the concur- 
rence- of both Houses may be necessary, except on the question of 
adjournment, shall be presented to the Governor, and before it shall 
take effect be approved by him, or being disapproved, shall be re- 
passed by two-thirds of both Houses, according to the rules and 
limitations prescribed in case of a bill. 

Corresponding provisions in — 

Art. Ill, sec. 17, constitution as proposed. 

State Inspection of Merchandise Prohibited. 

Section 27. No state office shall be continued or created for the 
inspection or measuring of any merchandise, manufacture or com- 
modity, but any county or municipality may appoint such officers 
when authorized by law. 

Omitted because obsolete. 

Change of Location of State Capital. 

Section 28. No law changing the location of the capital of the state 
shall be valid until the same shall have been submitted to the quali- 
fied electors of the commonwealth at a general election and ratified 
and approved by them. 

Corresponding provisions in — 

Art. Ill, sec. 26, constitution as proposed. 

Bribery of Members of Legislature. 

Section 29. A member of the general assembly who shall solicit;, 
demand or receive, or consent to receive, directly or indirectly, for 
himself or for another, from any company, corporation or person, 
any money, office, appointment, employment, testimonial, reward, 
thing of value or enjoyment, or of personal advantage, or promise 
thereof, for his vote or official influence, or for withholding the same, 
or with an understanding, expressed or implied, that his vote or 
official action shall be in any way influenced thereby, or who shall 
solicit or demand any such money or other advantage, matter or 
thing aforesaid for another, as the consideration of his vote or 
official influence, or for withholding the same, or shall give or 
withhold his vote or influence in consideration of the payment or 
promise of such money, advantage, matter or thing, to another, shall 



CONSTITUTIONAL AMENDMENT AND REVISION. 369 

Art. Ill, Sees. 30, 31, 32, 33 

be held guilty of bribery within the meaning of this Constitution, 
and shall incur the disabilities provided thereby for said offense, and 
such additional punishment as is or shall be provided by law. 

Corresponding provisions in — 

Art. VII, sec. 9, constitution as proposed. 

Giving of Bribes. 

Section 30. Any person who shall, directly or indirectly, offer, give 
or promise, any money, or thing of value, testimonial, privilege or 
personal advantage, to any executive or judicial officer, or member 
of the general assembly, to influence him in the performance of any 
of his public or official duties, shall be guilty of bribery and be pun- 
ished in such manner as shall be provided by law. 

Corresponding provisions in — 

Art. VII, sec. 9, constitution as proposed. 

Corrupt Solicitation. 

Section 31. The offense of corrupt solicitation of members of the 
general assembly or of public officers of the state or of any muni- 
cipal division thereof, and any occupation or practice of solicitation 
of such members or officers to influence their official action, shall 
be defined by law and shall be punished by fine and imprisonment. 

Omitted because "corrupt solicitation" is another name for attempted bribery. 
"Any occupation or practice of solicitation" is a repetition of the same idea. 
The offense of attempting to bribe a public servant (taken from Article III, 
sections 29 and 30 of the present constitution) is defined in Article VII, 
section 9 as proposed and is there designated as "bribery." It is unnecessary 
to require the enactment of a law to define what the constitution itself defines'. 

Investigation of Bribery or Corrupt Solicitation.— Compulsory 
Testimony. — Disqualification as Punishment. 

Section 32. Any person may be compelled to testify in any lawful 
investigation or judicial proceeding against any person who may be 
charged with having committed the offense of bribery or corrupt 
solicitation, or practices of solicitation, and shall not be permitted 
to withhold his testimony upon the ground that it may criminate 
himself or subject him to public infamy; but such testimony shall 
not afterwards be used against him in any judicial proceeding, ex- 
cept for perjury in giving such testimony, and any person convicted 
of either of the offenses aforesaid shall, as part of the punishment 
therefor, be disqualified from holding any office or position of honor, 
trust or profit in this commonwealth. 

Corresponding provisions in — 

Art. VII, sees. 3, 9, constitution as proposed. 

Member Interested in Bill not to Vote. 

Section 33. A member who has a personal or private interest in any 
measure or bill proposed or pending before the general assembly 

24 



370 REPORT OF THE COMMISSION ON 

Art. IV, Sees. 1, 2, 3 

slial] disclose the fact to the House of which he is a member, and 
shall not vote thereon. 

Corresponding provisions in — 

Art. Ill, sec. 4, constitution as proposed. 



ARTICLE IV. 

THE EXECUTIVE. 

Executive Department. 

Section 1. The executive department of this commonwealth shall 
consist of a Governor, Lieutenant Governor, Secretary of the Com- 
monwealth, Attorney General, Auditor General. State Treasurer, 
Secretary of Internal Affairs, and a Superintendent of Public In- 
struction. 

Corresponding provisions in — 

Art. IV, sec. 1. constitution as proposed. 



Governor. — Election. — Returns. — Contested Election. 

Section 2. The supreme executive power shall be vested in the Gov- 
ernor, who shall take care that the laws be faithfully executed; he 
shall be chosen on the day of the general election, by the qualified 
electors of the commonwealth, at the places where they shall vote 
for representatives. The returns of every election for Governor 
shall be sealed up and transmitted to the seat of government, di- 
rected to the president of the Senate, who shall open and publish them 
in the presence of the members of both Houses of the general as- 
sembly. The person having the highest number of votes shall be 
Governor, but if two or more be equal and highest in votes, one of 
them shall be chosen Governor by the joint vote of the members of 
both Houses. Contested elections shall be determined by a com- 
mittee, to be selected from both Houses of the general assembly, 
and formed and regulated in such manner as shall be directed by 
law. 

Corresponding provisions in — 

Art. IV, sees. 3, 4, 6, constitution as proposed. 



Governor's Term. 

Section 3. The Governor shall hold his office during four years from 
the third Tuesday of January next ensuing his election, and shall 
not be eligible to the office for the next succeeding term. 

Corresponding provisions in — 

Art. IV, sec. 5, constitution as proposed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 371 

Art. IV, Sees. 4, 5, 6, 7, 8 

Lieutenant Governor. 

Section 4. A Lieutenant Governor shall be chosen at the same time, 
in the same manner, for the same term, and subject to the same 
provisions as the Governor; he shall be president of the Senate, 
but shall have no vote unless they be equally divided. 

Corresponding provisions in — 

Art. IV, sec. 13, constitution as proposed. 

Qualifications of Governor and Lieutenant Governor. 

Section 5. No person shall be eligible to the office of Governor or 
Lieutenant Governor except a citizen of the United States, who 
shall have attained the age of thiry years, and have been seven 
years next preceding his election an inhabitant of the state, unless 
he shall have been absent on the public business of the United States 
or of this State. 

Corresponding provisions in — 

Art. IV, sees. 2, 13, constitution as proposed. 

Disqualifications. 

Section 6. No member of Congress or person holding any office 
under the United States or this state shall exercise the office of 
Governor or Lieutenant Governor. 

Corresponding provisions in — 

Art. VII, sec. 2, constitution as proposed. 

Military Commander. 

Section 7. The Governor shall be commander-in-chief of the army 
and navy of the commonwealth, and <$£ the militia, except when they 
shall be called into the actual service of the United States. 

Corresponding provisions in — 

Art. IV, sec. 7, constitution as proposed. 

Appointing Power of Governor.— Vacancies. — Confirmation by 

Senate. 

Section 8. He shall nominate and, by and with the advice and con- 
sent of two-thirds of all the members of the senate, appoint a secre- 
tary of the commonwealth and an attorney general during pleasure, 
a superintendent of public instruction for four years, and such other 
officers of the commonwealth as he is or may be authorized by the 
constitution or by law to appoint; he shall have power to fill all 
vacancies that may happen, in offices to which he may appoint, dur- 
ing the recess of the senate, by granting commissions which shall ex- 
pire at the end of their next session; he shall have power to fill any 
vacancy that may happen, during the recess of the senate, in the 
office of auditor general, state treasurer, secretary of internal affairs 
or superintendent of public instruction, in a judicial office, or in any 
other elective office which he is or may be authorized to fill; if the 



372 REPORT OF THE COMMISSION ON 

Art. IV, Sees. 9, 10, 11, 12 

vacancy shall happen during the session of the senate, the governor 
shall nominate to the senate, before their final adjournment, a proper 
person to fill said vacancy; but in any such case of vacancy, in an 
elective office, a person shall be chosen to said office on the next 
election day appropriate to such office according to the provisions of 
this constitution, unless the vacancy shall happen within two calen- 
dar months immediately preceding such election day, in which case 
the election for said office shall be held on" the second succeeding 
election day appropriate to such office. In acting on executive nomi- 
nations the senate shall sit with open doors, and in confirming or 
rejecting the nominations of the governor, the vote shall be taken by 
yeas and nays and shall be entered on the journal. (Amendment of 
November 2, 1909.) 

Corresponding provisions in — 

Art. IV, sec. 8, constitution as proposed. 

Pardoning Power. 

Section 9. He shall have power to remit fines and forfeitures, to 
grant reprieves, commutations of sentence and pardons, except in 
cases of impeachment; but no pardon shall be granted, nor sentence 
commuted, except upon the recommendation in writing of the Lieu- 
tenant Governor, Secretary of the Commonwealth, Attorney General 
and Secretary of Internal Affairs, or any three of them, after full 
hearing, upon due public notice and in open session, and such recom- 
mendation, with the reasons therefor at length, shall be recorded and 
filed in the office of the Secretary of the Commonwealth. 

Corresponding provisions in — 

Art. IV, sec. 9, constitution as proposed. 

Information from Department Officials. 

Section 10. He may require information in writing from the officers 
of the executive department, upon any subject relating to the duties 
of their respective offices. 

Corresponding provisions in — 

Art. IV, sec. 10, constitution as proposed. 

Messages to Legislature. 

Section 11. He shall, from time to time, give to the general as- 
sembly information of the state of the commonwealth, and recom- 
mend to their consideration such measures as he may judge expedient. 

Corresponding provisions in — 

Art. IV, sec. 11, constitution as proposed. 

Special Sessions of Legislature. — Adjournments. — Special Sessions of 

Senate. 

Section 12. He may, on extraordinary occasions, convene the gen- 
eral assembly, and in case of disagreement between the two Houses 
with respect to the time of adjournment, adjourn them to such time 



CONSTITUTIONAL AMENDMENT AND REVISION. 373 

Art. IV, Sees. 13, 14, 15 

as he shall think proper, not exceeding four months. He shall have 
power to convene the Senate in extraordinary session by proclamation 
for the transaction of executive business. 

Corresponding provisions in — 

Art. IV, sec. 12, constitution as proposed. 

When Lieutenant Governor Shall Act. 

Section 13. In case of the death, conviction or impeachment, 
failure to qualify, resignation, or other disability of the Governor, 
the powers, duties and emoluments of the office, for the remainder of 
the term, or until the disability be removed, shall devolve upon the 
Lieutenant Governor. 

Corresponding- provisions in — 

Art. IV, sec. 14, constitution as proposed. 

Vacancy in Office of Lieutenant Governor. 

Section 14. In case of a vacancy in the office of Lieutenant Gov- 
ernor, or when the Lieutenant Governor shall be impeached by the 
House of Bepresentatives, or shall be unable to exercise the duties 
of his office, the powers, duties and emoluments thereof for the 
remainder of the term, or until the disability be removed, shall de- 
volve upon the president pro tempore of the Senate; and the presi- 
dent pro tempore of the Senate shall in like manner become Gov- 
ernor if a vacancy or disability shall occur in the office of Governor ; 
his seat as senator shall become vacant whenever he shall become 
Governor, and shall be filled by election as any other vacancy in 
the Senate. 

Corresponding provisions in — 

Art. IV, sec. 15, constitution as proposed. 



Approval of Bills.— Veto. 

Section 15. Every bill which shall have passed both Houses shall 
be presented to the Governor ; if he approve he shall sign it, but if he 
shall not approve he shall return it with his objections to the House 
in which it shall have originated, which House shall enter the ob- 
jections at large upon their journal, and proceed to reconsider it. 
If, after such reconsideration, two-thirds of ail the members elected 
to that House shall agree to pass the bill, it shall be sent with the 
objections to the other House by which likewise it shall be recon- 
sidered, and if approved by two-thirds of all the members elected to 
that House it shall be a law; but in such cases the votes of both 
Houses shall be determined by yeas and nays, and the names of the 
members voting for and against the bill shall be entered on the 
journals of each House, respectively. If any bill shall not be re- 
turned by the Governor within ten days after it shall have been 
presented to him, the same shall be a law in like manner as if he 
had signed it, unless the general assembly, by their adjournment, 
prevent its return, in which case it shall be a law, unless he shall 



374 REPORT OF THE COMMISSION ON 

Art. IV, Sees. 16, 17, 18, 19 

file the same with his objections, in the office of the Secretary of 
the Commonwealth, and give notice thereof by public proclamation 
within thirty days after such adjournment. 

Corresponding provisions in — 

Art. Ill, sec. 17, constitution as proposed. 

Partial Disapproval of Appropriation Bills. 

Section 16. The Governor shall have power to disapprove of any 
item or items of any bill making appropriations of money, embracing 
distinct items, and the part or parts of the bill approved shall be the 
law, and the item or items of appropriation disapproved shall be 
void, unless repassed according to the rules and limitations pre- 
scribed for the passage of other bills over the executive veto. 

Corresponding provisions in — 

Art. Ill, sec. 18, constitution as proposed. 

Contested Election of Governor or Lieutenant Governor. 
Holding Over. 

Section 17. The chief justice of the supreme court shall preside 
upon the trial of any contested election of Governor or Lieutenant 
Goveruor and shall decide questions regarding the admissibility of 
evidence, and shall, upon request of the committee, pronounce his 
opinion upon other questions of law involved in the trial. The Gov- 
ernor and Lieutenant Governor shall exercise the duties of their 
respective offices until their successors shall be duly qualified. 

Corresponding provisions in- 
Art. IV, sees. 4, 5, 13, constitution as proposed. 

Secretary of the Commonwealth. 

Section 18. The Secretary of the Commonwealth shall keep a 
record of all official acts and proceedings of the Governor, and when 
required lay the same, w T ith all papers, minutes and vouchers relating 
thereto, before either branch of the general assembly, and perform 
such other duties as may be enjoined upon him by law. 

Corresponding provisions in — 

Art. IV, sec. 17, constitution as proposed. 

Secretary of Internal Affairs. 

Section 19. The Secretary of Internal Affairs shall exercise all the 
powers and perform all the duties of the Surveyor General, subject 
to such changes as shall be made by law. His department shall em- 
brace a bureau of industrial statistics, and he shall discharge such 
duties relating to corporations, to the charitable institutions, the 
agricultural, manufacturing, mining, mineral, timber and other ma- 
terial or business interests of the state as may be prescribed by law. 
He shall annually, and at such other times as may be required by 
law, make report to the general assembly. 

Corresponding provisions in — 

Art. IV, sec. 18. constitution as proposed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 375 

Art. IV, Sees. 20, 21, 22; Art. V, Sec. 1 

Superintendent of Public Instruction. 

Section 20. The Superintendent of Public Instruction shall exer- 
cise all the powers and perform all the duties of the superintendent 
of common schools, subject to such changes as shall be made by law. 

Omitted. The constitution as proposed provides for a commissioner of education 
instead of a superintendent or public instruction. The office of superintendent 
of common schools has not existed since 1874. 



Terms of Executive Department Officers. — Ineligibility to 

Re-election. 

Section 21. The terms of the secretary of internal affairs, the 
auditor general, and the state treasurer shall each be four years; 
and they shall be chosen by the qualified electors of the state at gen- 
eral elections, but a state treasurer, elected in the year one thousand 
nine hundred and nine, shall serve for three years, and his successors 
shall be elected at the general election in the year one thousand nine 
hundred and twelve and in every fourth year thereafter. No person 
elected to the office of auditor general or state treasurer shall be 
capable of holding the same office for two consecutive terms. (Amend- 
ment of November 2 1909.) 

Corresponding provisions in — 

Art. IV, sec. 19, constitution as proposed. 



Seal.—- Commissions. 

Section 22. The present great seal of Pennsylvania shall be the 
seal of the state. All commissions shall be in the name and by the 
authority of the Commonwealth of Pennsylvania, and be sealed with 
the state seal and signed by the Governor. 



Corresponding provisions in — 

Art. IV. sec. 22, constitution as proposed. 



ARTICLE V. 

THE JUDICIARY. 

Judicial Power. 



Section 1. The judicial power of this commonwealth shall be 
vested in a supreme court, in courts of common pleas, courts of oyer 
and terminer and general jail delivery, courts of quarter session of 
the peace, orphans court, magistrates courts and in such other courts 
as the general assembly may from time to time establish. 

Corresponding provisions .in — 

Art. TT , sec. 1, constitution as proposed. 



376 REPORT OF THE COMMISSION ON 

Art. V, Sees. 2, 3, 4, 5 

Supreme Court. 

Section 2. The supreme court shall consist of seven judges, who 
shall be elected by the qualified electors of the state at large. They 
shall hold their offices for the term of twenty-one years, if they so 
long behave themselves well, but shall not be again eligible. The 
judge whose commission shall first expire shall be chief justice, and 
thereafter each judge whose commission shall first expire shall in 
turn be chief justice. 

Corresponding provisions in — 

Art. V, sec. 2, constitution as proposed. 



Jurisdiction of Supreme Court. 

Section 3. The jurisdiction of the supreme court shall extend over 
the state, and the judges thereof shall, by virtue of their offices, be 
justices of oyer and terminer and general jail delivery in the several 
counties ; they shall have original jurisdiction in cases of injunction 
where a corporation is a party defendant, of habeas corpus, of man- 
damus to courts of inferior jurisdiction, and of quo warranto as to 
all officers of the commonwealth whose jurisdiction extends over the 
state, but shall not exercise any other original jurisdiction; they 
shall have appellate jurisdiction by appeal, certiorari or writ of 
error in all cases, as is now or may hereafter be provided by lav/. 

Corresponding provisions in — 

Art. V, sec. 3, constitution as proposed. 



Common Pleas Courts. 

Section 4. Until otherwise directed by law, the courts of common 
pleas shall continue as at present established, except as herein 
changed; not more than four counties shall, at any time, be included 
in one judicial district organized for said courts. 

Corresponding provisions in — 

Art. V. sees. 7, 8, constitution as proposed. 



Judicial District. — Associate Judges. 

Section 5. Whenever a county shall contain forty thousand in- 
habitants it shall constitute a separate judicial district, and shall 
elect one judge learned in the law; and the general assembly shall 
provide for additional judges, as the business of the said districts 
may require. Counties containing a population less than is sufficient 
to constitute separate districts shall be formed into convenient single 
districts, or, if necessary, may be attached to contiguous districts 
as the general assembly may provide. The office of associate judge, 
not learned in the law, is abolished in counties forming separate dis- 
tricts; but the several associate judges in office when this constitu- 
tion shall be adopted shall serve for their unexpired terms. 

Corresponding provisions in — 

Art. V, sees. 7, 8, constitution as proposed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 377 

Art. V, Sees. 6, 7 
Courts of Common Pleas of Philadelphia and Allegheny Counties. 

Section 6. In the county of Philadelphia all the jurisdiction and 
powers now vested in the district courts and courts of common pleas, 
subject to such changes as may be made by this constitution or by 
law, shall be in Philadelphia vested in five distinct and separate 
courts of equal and co-ordinate jurisdiction, composed of three judges 
each. The said courts in Philadelphia shall be designated respectively 
as the court of common pleas number one, number two, number three, 
number four, and number five, but the number of said courts may be 
by4aw increased from time to time, and shall be in like manner desig- 
nated by successive numbers. The number of judges in any of said 
courts, or in any county where the establishment of an additional 
court may be authorized by law, may be increased, from time to 
time, and whenever such increase shall amount in the whole to three, 
such three judges shall compose a distinct and separate court as 
aforesaid, which shall be numbered as aforesaid. In Philadelphia 
all suits shall be instituted in the said courts of common pleas with- 
out designating the number of the said court, and the several courts 
shall distribute and apportion the business among them in such man- 
ner as shall be provided by the rules of court, and each court, to 
which any suit shall be thus assigned, shall have exclusive jurisdic- 
tion thereof, subject to change of venue, as shall be provided by law. 

In the county of Allegheny all the jurisdiction and powers now 
vested in the several numbered courts of common pleas shall be vested 
in one court of common pleas composed of all the judges in commis- 
sion in said courts. Such jurisdiction and powers shall extend to 
all proceedings at law and in equity which shall have been instituted 
in the several numbered courts, and shall be subject to such changes 
as may be made, by law, and subject to change of venue as provided 
by law. 

The president judge of said court shall be selected as provided by 
law. The number of judges in said court may be by law increased 
from time to time. This amendment shall take effect on the first day 
of January succeeding its adoption. (Amendment of November 7, 
1911.) 

Omitted. Article V, section 10 of the constitution as proposed recommends 
the consolidation of the courts of common pleas in Philadelphia. 

Prothonotary of Philadelphia County.— Salaries. — Fees. — Dockets. 

Section 7. For Philadelphia there shall be one prothonotary's 
office, and one prothonotary for all said courts, to be appointed by 
the judges of said courts, and to hold office for three years, subject 
to removal by a majority of the said judges; the said prothonotary 
shall appoint such assistants as may be necessary and authorized by 
said courts; and he and his assistants shall receive fixed salaries, to 
be determined by law and paid by said county; all fees collected in 
said office, except such as may be by law due to the commonwealth, 
shall be paid by the prothonotary into the county treasury. Each 
court shall have its separate dockets, except the judgment docket, 
which shall contain the judgments and liens of all the said courts, as 
is or may be directed by law. 

Corresponding provisions in — 

Art. XIII, sec. 12, constitution as proposed. 



378 REPORT OF THE COMMISSION ON 

Art. V, Sees. 8, 9, 10, 11 

Criminal Courts in Philadelphia and Allegheny Counties. 

Section 8. The said courts in the counties of Philadelphia and 
Allegheny, respectively, shall, from time to time, in turn detail one 
or more of their judges to hold the courts of ojer and Jterininer and the 
courts of quarter sessions of the peace of said counties, in such man- 
ner as may be directed by law. 

Omitted. This section was inserted in the constitution of 1874 because of the 
several numbered courts of common meas in the counties of Philadelphia and 
of Allegheny. These numbered courts have been abolished in Allegheny and 
are now recommended to be abolished in Philadelphia ; hence the section is 
no longer needed. 



Powers of Judges of Common Pleas Courts. 

Section 9. Judges of the courts of common pleas learned in the 
law shall be judges of the courts of oyer and terminer, quarter ses- 
sions of the peace and general jail delivery, and of the orphans' court, 
and within their respective districts shall be justices of the peace 
as to criminal matters. 



Corresponding provisions in — 
Art. V, sees. 9, 11, 12, c 



constitution as proposed. 



Certiorari to Courts Not of Record. 

Section 10. The judges of the courts of common pleas, within 
their respective counties, shall have power to issue writs of certiorari 
to justices of the peace and other inferior courts not of record, and 
to cause their proceedings to be brought before them, and right and 
justice to be done. 

Corresponding provisions in — 

Art. V, sec. 9, constitution as proposed. 



Justices of the Peace. — Aldermen. — Term. — Residence. — Number. 

Section 11. Except as otherwise provided in this constitution, 
justices of the peace or aldermen shall be elected in the several wards, 
districts, boroughs and townships, by the qualified electors thereof, 
at the municipal election, in such manner as shall be directed by law, 
and shall be commissioned by the governor for a term of six years. 
No township, ward, district or borough shall elect more than two 
justices of the peace or aldermen without the consent of a majority 
of the qualified electors within such township, ward or borough ; no 
person shall be elected to such office unless he shall have resided 
within the township, borough, ward or district for one year next 
preceding his election. In cities containing over fifty thousand in- 
habitants, not more than one alderman shall be elected in each ward 
or district. (Amendment of November 2, 1909.) 

Corresponding provisions in — 

Art. V, sec. 13; Art. VII, sec. 1, constitution as proposed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 379 

Art. V, Sees. 12, 13, 14, 15 

Magistrates' Courts in Philadelphia. — Election. — Term. — Salaries. — 

Jurisdiction. 

Section 12. In Philadelphia there shall be established, for each 
thirty thousand inhabitants, one court, not of record, of police and 
civil causes, with jurisdiction not exceeding one hundred dollars ; such 
courts shall be held by magistrates whose term of office shall be six 
years and they shall be elected on general ticket at the municipal 
election, by the qualified voters at large; and in the election of the 
said magistrates no voter shall vote for more than two-thirds of the 
number of persons to be elected when more than one are to be chosen ; 
they shall be compensated only by fixed salaries to be paid by said 
county; and shall exercise such jurisdiction, civil and criminal, ex- 
cept as herein provided, as is now exercised by aldermen, subject to 
such changes, not involving an increase of civil jurisdiction or con- 
ferring political duties, as may be made by law. In Philadelphia the 
office of aldermen is abolished. (Amendment of November 2, 1909.) 

Corresponding provisions in — 

Art. V, sec. 14, constitution as proposed. 



Disposition of Fines, Fees, Etc. 

Section 13. All fees, fines and penalties in said courts shall be 
paid into the county treasury. 

Corresponding provisions in — 

Art. V, sees. 11, 12, constitution as proposed. 



Appeal from Summary Conviction. 

Section 14. In all cases of summary conviction in this common- 
wealth, or of judgment in suit for a penalty before a magistrate, or 
court not of record, either party may appeal to such court of record 
as may be prescribed by law, upon allowance of the appellate court 
or judge thereof upon cause shown. 



Corresponding provisions in — 

Art. V, sec. 22, constitution as proposed. 



Election of Judges. — Term. — Removal. 

Section 15. All judges required to be learned in the law, except 
the judges of the supreme court, shall be elected by the qualified 
electors of the respective districts over which they are to preside, and 
shall hold their offices for the period of ten years, if they shall so 
long behave themselves well; but for any reasonable cause, which 
shall not be sufficient ground for impeachment, the governor may 
remove any of them on the address of two-thirds of each house of 
the general assembly. 

Corresponding provisions in — 

Art. V, sees. 5, 8, 12, 14; Art. VII. sec. 7, constitution as proposed. 



380 REPORT OF THE COMMISSION ON 

Art. V, Sees. 16, 17, 18, 19, 20 

Voting for Supreme Court Judges. 

Section 16. Whenever two judges of the supreme court are to be 
chosen for the same term of service each voter shall vote for one only, 
and when three are to be chosen he shall vote for no more than two ; 
candidates highest in vote shall be declared elected. 

Omitted, because the Commission believe that this haphazard way of securing 
minority representation is not desirable. 

Priority of Commission. 

Section 17. Should any two or more judges of the supreme court, 
or any two or more judges of the court of common pleas for the same 
district be elected at the time, they shall, as soon after the elec- 
tion as convenient, cast lots for priority of commission, and certify 
the result to the Governor, who shall issue their commissions in ac- 
cordance therewith. 

Corresponding provisions in — 

Art. V, sec. 16, constitution as proposed. 

Compensation of Judges. 

Section 18. The judges of the supreme court and the judges of 
the several courts of common pleas, and all other judges required 
to be learned in the law, shall at stated times receive for their 
services an adequate compensation, which shall be fixed by law, and 
paid by the state. They shall receive no other compensation, fees, 
or perquisites of office for their services from any source, nor hold 
any other office of profit under the United States, this state or any 
other state. 

Corresponding provisions in — ■ 

Art. V, sec. 18; Art. VII, sec. 2, constitution as proposed. 



Residence of Judges. 

Section 19. The judges of the supreme court during their continu- 
ance in office shall reside within this commonwealth; and the other 
judges during their continuance in office shall reside within the dis- 
tricts for which they shall be respectively elected. 

Corresponding provisions in- 
Art. V, sec. 17, constitution as proposed. 

Chancery Powers. 

Section 20. The several courts of common pleas, besides the powers 
herein conferred, shall have and exercise within their respective dis- 
tricts, subject to such changes as may be made by law, such chancery 
powers as are now vested by law in the several courts of common 
pleas of this commonwealth, or as may hereafter be conferred upon 
them by law. 

Corresponding provisions in — 

Art. V, sec. 9, constitution as proposed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 381 

Art. V, Sees. 21, 22, 23, 24 

Duties of Judges. — Nisi Prius Courts. — Supreme Court Judges. 

Section 21. No duties shall be imposed by law upon the supreme 
court or any of the judges thereof, except such as are judicial, nor 
shall any of the judges thereof exercise any power of appointment 
except as herein provided. The court of nisi prius is hereby abolished, 
and no court of original jurisdiction to be presided over by any one 
or more of the judges of the supreme court shall be established. 

Corresponding- provisions in — 

Art. V, sec. 19, constitution as proposed. 



Orphan's Court. 

Section 22. In every county wherein the population shall exceed 
one hundred and fifty thousand the general assembly shall, and in 
any other county may, establish a separate orphans' court to consist 
of one or more judges who shall be learned in the law, which court 
shall exercise all the jurisdiction and powers now vested in or which 
may hereafter be conferred upon the orphans' court, and thereupon 
the jurisdiction of the judges of the court of common pleas within 
such county in orphans' court proceedings shall cease and determine. 
In any county in which a separate orphans' court shall be established 
the register of wills shall be clerk of such court and subject to its di- 
rections in all matters pertaining to his office; he may appoint as- 
sistant clerks, but only with the consent and approval of said court. 
All accounts filed with him as register or as clerk of the said separate 
orphans' court shall be audited by the court without expense to 
parties, except where all parties in interest in a pending proceeding 
shall nominate an auditor whom the court may, in its discretion, ap- 
point. In every county orphans' courts shall possess all the powers 
and jurisdiction of a register's court, and separate registers' courts 
are hereby abolished. 

Corresponding provisions in — 

Art. V, sec. 12, constitution as proposed. 

Style of Process. — Indictments. 

Section 23. The style of all process shall be "The Commonwealth 
of Pennsylvania." All prosecutions shall be carried on in the name 
and by the authority of the Commonwealth of Pennsylvania, and con- 
clude "against the peace and dignity of the same." 

Corresponding provisions in — 

Art. V, sec. 23, constitution as proposed. 

Appeals to Supreme Court in Criminal Cases. 

Section 24. In all cases of felonious homicide, and in such other 
criminal cases as may be provided for by law, the accused, after 
conviction and sentence, may remove the indictment, record and all 
proceedings, to the supreme court for review. 



Corresponding provisions in — 

Art. V, sec. 21, constitution as proposed. 



382 REPORT OF THE COMMISSION ON 

Art. V, Sees. 25, 26, 27; Art. VI, Sees. 1, 2 

Vacancies and Courts of Record. 

Section 25. Any vacancy happening by death, resignation or other- 
wise, in any court of record, shall be filled by appointment by the 
Governor, to continue till the first Monday of January next succeed- 
ing the first general election, which shall occur three or more months 
after the happening of such vacancy. 

Corresponding provisions in — 

Art. IV, sec. 8, constitution as proposed. 

Uniform Laws for Courts. — Certain Courts Prohibited. 

Section 26. All laws relating to courts shall be general and of 
uniform operation, and the organization, jurisdiction and powers of 
all courts of the same class or grade, so far as regulated by law, and 
the force and effect of the process and judgments of such courts, shall 
be uniform ; and the general assembly is hereby prohibited from creat- 
ing other courts to exercise the powers vested by this Constitution in 
the judges of the courts of common pleas and orphans' courts. 

Corresponding provisions in — 

Art. Ill, sec. 20, clause (g) , constitution as proposed. 

Litigants May Dispense With Jury Trial. 

Section 27. The parties by agreement filed, may in any civil case 
dispense with trial by jury, and submit the decision of such case to 
the court having jurisdiction thereof, and such court shall hear and 
determine the same; and the judgment thereon shall be subject to 
writ of error as in other cases. 

Corresponding provisions in — 

Art. V, sec. 24, constitution as proposed. 



ARTICLE VI. 

IMPEACHMENT AND REMOVAL FROM OFFICE. 

Power of Impeachment. 

Section 1. The House of Kepresentatives shall have the sole power 
of impeachment. 

Corresponding provisions in — 

Art. VII, sec. 6, constitution as proposed. 

Trials of Impeachment. 

Section 2. All impeachments shall be tried by the Senate; when 
sitting for that purpose the senators shall be upon oath or affirma- 
tion ; no person shall be convicted without the concurrence of two- 
thirds of the members present. 

Corresponding provisions in — . 

Art. VII, sec. 6, constitution as proposed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 383 

Art. VI, Sees. 3, 4; Art. VII, Sec. 1 

Officers Liable to Impeachment. — Judgment. 

Section 3. The Governor and all other civil officers shall be liable 
to impeachment for any misdemeanor in office, but judgment in such 
cases shall not extend further than to removal from office and dis- 
qualification to hold any office of trust or profit under this common- 
wealth ; the person accused, whether convicted or acquitted, shall 
nevertheless be liable to indictment, trial, judgment and punishment 
according to law. 

Corresponding provisions in — 

xirt. VII, sees. 3, 6, constitution as proposed. 

Tenure of Office. — Removals from Office. 

Section 4. All officers shall hold their offices on the condition that 
they behave themselves well while in office and shall be removed on 
conviction of misbehavior in office, or of any infamous crime. Ap- 
pointed officers, other than judges of the courts of record and the 
superintendent of public instruction, may be removed at the pleasure 
of the power by which they shall have been appointed. All officers 
elected by the people, except governor, lieutenant-governor, members 
of the general assembly and judges of the courts of record learned 
in the law, shall be removed by the governor for reasonable cause, 
after due notice and full hearing, on the address of two-thirds of 
the senate. 

Corresponding provisions in — 

Art. VII, sec. 7, constitution as proposed. 



ARTICLE VII. 
OATH OF OFFICE. 

Official Oath. — How Administered. 

Section 1. Senators and representatives and all judicial, state and 
county officers shall, before entering on the duties of their respective 
offices, take and subscribe the following oath or affirmation: "I do 
solemnly swear (or affirm) that I will support, obey and defend the 
Constitution of the United States and the Constitution of this Com- 
monwealth ; and that I will discharge the duties of my office with 
fidelity; that I have not paid or contributed, or promised to pay or 
contribute, either directly or indirectly, any money or other valuable 
thing to procure my nomination or election (or appointment), ex- 
cept for necessary and proper expenses expressly authorized by law; 
that I have not knowingly violated any election law of this common- 
wealth, or procured it to be done by others in my behalf ; that I will 
not knowingly receive, directly or indirectly, any money or other 
valuable thing for the performance or non-performance of any act or 
duty pertaining to my office, other than the compensation allowed 
by law." 



384 REPORT OF THE COMMISSION ON 

Art. VIII, Sees. 1, 2 

The foregoing oath shall be administered by some person author- 
ized to administer oaths, and in the case of state officers and judges 
of the supreme court, shall be filed in the office of the Secretary of 
the Commonwealth, and in the case of other judicial and county 
officers, in the office of the prothonotary of the county in which 
the same is taken; any person refusing to take said oath or affirma- 
tion shall forfeit his office; and any person who shall be convicted 
of having sworn or affirmed falsely, or of having violated said oath 
or affirmation, shall be guilty of perjury, and be forever disqualified 
from holding any office of trust or profit within this commonwealth. 
The oath to the members of the Senate and House of Kepresentatives 
shall be administered by one of the judges of the supreme court or 
of a court of common pleas, learned in the law, in the hall of the 
House to which the members shall be elected. 

Corresponding provisions in — 

Art. VII, fees. 3, 4, constitution as proposed. 



ARTICLE VIII. 

SUFFRAGE AND ELECTIONS. 

Qualification of Electors. 

Section 1. Every male citizen of twenty-one years of age, possess- 
ing the following qualifications, shall be entitled to vote at all elec- 
tions, subject however to such laws requiring and regulating the 
registration of electors as the general assembly may enact: 

1. He shall have been a citizen of the United States at least one 
month. 

2. He shall have resided in the state one year (or, having pre- 
viously been a qualified elector or native born citizen of the state, 
he shall have removed therefrom and returned, then six months), 
immediately preceding the election. 

3. He shall have resided in the election district where he shall 
offer to vote at least two months immediately preceding the election. 

4. If twenty-two years of age and upwards, he shall have paid 
within two years a state or county tax, which shall have been assessed 
at least two months and paid at least one month before the election. 
Amendment of November 5, 1901.) 

Corresponding provisions in — 

Art. VI, sec. 1, constitution as proposed. 

General Elections. 

Section 2. The general election shall be held biennially on the 
Tuesday next following the first Monday of November in each even- 
numbered year, but the general assembly may by law fix a different 



CONSTITUTIONAL AMENDMENT AND REVISION. 385 

Art. VIII, Sees. 3, 4, 5, 6 

day, two-thirds of all the members of each House consenting thereto ; 
provided, that such election shall always be held in an even-num- 
bered year. 

Corresponding provisions in- 
Art. VI, sec. 9, constitution as proposed. 



Municipal Elections.— Election of Judges and County Officers. 

Section 3. All judges elected by the electors of the state at large 
may be elected at either a general or municipal election, as circum- 
stances may require. All elections for judges of the courts for the 
several judicial districts, and for county, city, ward, borough and 
township officers, for regular terms of service, shall be held on the 
municipal election day; namely the Tuesday next following the first 
Monday of November in each odd-numbered year, but the general as- 
sembly may by law fix a different day, two-thirds of all the members 
of each House consenting thereto; provided, that such election shall 
be held in an odd-numbered year ; provided further, that all judges for 
the courts of the several judicial districts holding office at the present 
time, whose terms of office may end in an odd-numbered year, shall 
continue to hold their offices until the first Monday of January in the 
next succeeding even numbered year. 

Corresponding provisions in — 

Art. VI, sec. 9; Art. VII, sec. 1, constitution as proposed. 

The final clause, beginning with the words "provided further" are omitted. Since 
a new constitution can not go into effect before January 1, 1923, and since 
the terms of all judges of any judicial district in office November 2, 1913, will 
have expired before that time, this part of the section would be obsolete. 



Method of Conducting Elections. — Secrecy. 

Section* 4. All elections by the citizens shall be by ballot or by such 
other method as may be prescribed by law; provided, that secrecy 
in voting be preserved. 

Corresponding provisions in — 

Art. VI, sec. 10, constitution as proposed. 



Privileges of Electors. 

Section 5. Electors shall in all cases except treason, felony and 
breach or surety of the peace, be privileged from arrest during their 
attendance on elections, and in going to and returning therefrom. 

Corresponding provisions in JT 

Art. VI, sec. 4, constitution as proposed. ™ 



Voting When Engaged in Military Service. 

Section 6. Whenever any of the qualified electors of this common- 
wealth shall be in actual military service, under a requisition from 
the President of the United States or by the authority of this com- 
monwealth, such electors may exercise the right of suffrage in all 

25 



386 REPORT OF THE COMMISSION ON 

Art. VIII, Sees. 7, 8, 9, 10 

elections by the citizens, under such regulations as are or shall be 
prescribed by law, as fully as if they were present at their usual 
places of election. 

Corresponding provisions in — 

Art. VI, sec. 3, constitution as proposed. 

Registration of Electors.— Uniformity of Election Laws. 

Section 7. All laws regulating the holding of elections by the 
citizens or for the registration of electors shall be uniform through- 
out the state, but laws regulating and requiring the registration of 
electors may be enacted to apply to cities only; provided, that such 
laws be uniform for cities of the same class. 

Corresponding provisions in — 

Art. Ill, sec. 20, clause (f) , constitution as proposed. 



Bribery at Elections. — Challenging of Electors. 

Section 8. Any person who shall give, or promise or offer to give, 
to an elector, any money, reward or other valuable consideration 
for his vote at an election, or for withholding the same, or who shall 
give or promise to give such consideration to any other person or 
party for such electors' vote or for the withholding thereof, and any 
elector who shall receive or agree to receive, for himself or for an- 
other, any money, reward or other valuable consideration for his 
vote at an election, or for withholding the same, shall thereby for- 
feit the right to vote at such election, and any elector whose right 
to vote shall be challenged for such cause before the election officers, 
shall be required to swear or affirm that the matter of the challenge 
is untrue before his vote shall be received. 

Corresponding provisions in- — 

Art. VI, sec. 5, constitution as proposed. 



Violation of Election Laws. 

Section 9. Any person who shall, while a candidate for office, be 
guilty of bribery, fraud or willful violation of any election law shall 
be forever disqualified from holding an office of trust or profit in this 
commonwealth; and any person convicted of willful violation of the 
election laws shall, in addition to any penalties provided by law, be 
deprived of the right of suffrage absolutely for a term of four years. 

Corresponding provisions in — 

Art. VI, sec. 5; Art. VII, sec. 3, constitution as proposed. 



Witnesses in Contested Elections and Election Investigations. 

Section 10. In trials of contested elections and in proceedings for 
the investigation of elections, no person shall be permitted to with- 
hold his testimony upon the ground that it may criminate himself or 



CONSTITUTIONAL AMENDMENT AND REVISION. 387 

Art. VIII, Sees. 11, 12, 13, 14 

subject him to public infamy; but such testimony shall not after- 
wards be used against him in any judicial proceedings except for per- 
jury in giving such testimony. 

Corresponding provisions in — 

Art. VI, sec. 5, constitution as proposed. 

Election Districts. 

Section 11. Townships, and wards of cities or boroughs, shall form 
or be divided into election districts of compact and contiguous terri- 
tory, in such manner as the court of quarter sessions of the city or 
county in which the same are located may direct; but districts in 
cities of over one hundred thousand inhabitants shall be divided by 
the courts of quarter sessions, having jurisdiction therein, when- 
ever at the next preceding election more than two hundred and fifty 
votes shall have been polled therein ; and other election districts when- 
ever the court of the proper county shall be of opinion that the con- 
venience of the electors and the public interests will be promoted 
thereby. 

Corresponding provisions in — 

Art. VI, sec. 6, constitution as proposed. 

Elections by Persons in Representative Capacity. 

Section 12. All elections by persons in a representative capacity 
shall be viva voce. 

Corresponding provisions in — 

Art. VI, sec. 12 constitution as proposed. 

Residence of Electors. 

Section 13. For the purpose of voting no person shal be deemed to 
have gained a residence by reason of his presence, or lost it by reason 
of his absence, while employed in the service, either civil or military, 
of this state or of the United States, nor while engaged in the navi- 
gation of the waters of the state or of the United States, or on the 
high seas, nor while a student of any institution of learning, nor 
while kept in any poorhouse or other asylum at public expense, nor 
while confined in public prison. 

Corresponding provisions in — 

Art. VI, sec. 2, constitution as proposed. 

Election Officers. 

Section 14. District election boards shall consist of a judge and 
two inspectors, who shall be chosen annually by the citizens. Each 
elector shall have the right to vote for the judge and one inspector, 
and each inspector shall appoint one clerk. The first election board 
for any new district shall be selected, and vacancies in election boards 
filled, as shall be provided by law. Election officers shall be privileged 
from arrest upon days of election, and while engaged in making up 



388 REPORT OF THE COMMISSION ON 

Art. VIII, Sees. 15, 16, 17 

and transmitting returns, except upon warrant of a court of record or 
judge thereof, for an election fraud, for felony, or for wanton breach 
of the peace. In cities they may claim exemption from jury duty 
during their terms of service. 

'Corresponding provisions in — 

Art. VI, sec. 7, constitution as proposed. 

Disqualification for Election Officers. 

Section 15. Xo person shall be qualified to serve as an election 
officer who shall hold, or shall within two months have held, any 
office, appointment or employment in or under the government of the 
United States or of this state, or of any city, or county, or of any 
municipal board, commission or trust in any city, save only justices of 
the peace and aldermen, notaries public and persons in the militia 
service of the state; nor shall any election officer be eligible to any 
civil office to be filled at an election at which he shall serve, save only 
to such subordinate municipal or local offices, below the grade of city 
or county offices, as shall be designated by general law. 

Corresponding provisions in — 

Art. VII, sees. 2, 3, constitution as proposed. 



Overseers of Elections. 

Section 16. The courts of common pleas of the several counties of 
the commonwealth shall have power, within their respective jurisdic- 
tions, to appoint overseers of election to supervise the proceedings of 
election officers and to make report to the court as may be required ; 
such appointments to be made for any district in a city or county 
upon petition of five citizens, lawful voters of such election district, 
setting forth that such appointment is a reasonable precaution to 
secure the purity and fairness of elections; overseers shall be two in 
unmber for an election district, shall be residents therein, and shall 
be persons qualified to serve upon election boards, and in each case 
members of different political parties; whenever the members of an 
election board shall differ in opinion the overseers, if they shall be 
agreed thereon, shall decide the question of difference ; in appointing 
overseers of election all the law judges of the proper court, able to 
act at the time, shall concur in the appointments made. 

Corresponding provisions in — 

Art. VI, sec. 6, constitution as proposed. 



Trial of Contested Elections. 

Section 17. The trial and determination of contested elections of 
electors of President and Vice-President, members of the general as- 
sembly, and of all public officers, whether state, judicial, municipal 
or local, shall be by the courts of law, or by one or more of the law 
judges thereof ; the general assembly shall, by general law, designate 
the courts and judges by whom the several classes of election contests 
shall be tried, and regulate the manner of trial and all matters inci- 



CONSTITUTIONAL AMENDMENT AND REVISION, 389 

Art. IX, Sees. 1, 2, 3, 4 

dent thereto; but no such law assigning jurisdiction, or regulating 
its exercise, shall apply to any contest arising out of an election held 
before its passage. 

Corresponding provisions in — • 

Art. VI, sec. 11, constitution as proposed. 



ARTICLE IX. 

TAXATION AND FINANCE. 

Taxes to Be Uniform. 

Section 1. All taxes shall be uniform, upon the same class of sub- 
jects, within the territorial limits of the authority levying the tax, 
and shall be levied and collected under general laws ; but the general 
assembly may, by g~eneral laws, exempt from taxation public prop- 
erty used for public purposes, actual places of religious worship, 
places of burial not used or held for private or corporate profit, 
and institutions of purely public charity. 

Corresponding provisions in — 

Art. VIII, sees. 1, 2 4 constitution as proposed. 

Exemption From Taxation Limited. 

Section 2. All laws exempting property from taxation, other than 
the property above enumerated, shall be void. 

Corresponding provisions in — 

Art. VIII, sec. 2, constitution as proposed. 

Taxation of Corporations. 

Section 3. The power to tax corporations and corporate property 
shall »ot be surrendered or suspended by any contract or grant to 
which the state shall be a party. 

Corresponding provisions in — 

Art. VIlI. sec. 3, constitution as proposed. 

Limitation on State Debt. 

Section 4. No debt shall be created by or on behalf of the state, 
except to supply casual deficiencies of revenue, repel invasion, sup- 
press insurrection, defend the state in war, or to pay existing debt ; 
and the debt created to supply deficiencies in revenue shall never 
exceed in the aggregate, at any one time, one million dollars: Pro- 
vided, however, That the general assembly, irrespective of any debt, 
may authorize the state to issue bonds to the amount of fifty millions 
of dollars for the purpose of improving and rebuilding the highways 
of the commonwealth. (Amendment of November 4, 1918.) 

Corresponding provisions in — 

Art. VIII, sec. 4, constitution as proposed. 



390 REPORT OF THE COMMISSION ON 

Art. IX, Sees. 5, 6, 7, 8 

Limitation on State Loans. 

Section 5. All laws, authorizing the borrowing of money by and 
on behalf of the state, shall specify the purpose for which the money 
is to be used, and the money so borrowed shall be used for the pur- 
pose specified and no other. 

Corresponding provisions in — 

Art. VIII, sec. 5, constitution as proposed. 



State Credit Not To Be Pledged. 

Section 6. The credit of the commonwealth shall not be pledged 
or loaned to any individual, company, corporation or association, 
nor shall the commonwealth become a joint owner or stockholder in 
any company, association or corporation. 

Corresponding provisions in — 

Art. VIII, sec. 7, constitution as proposed. 



Municipalities Not to Become Stockholders in Corporations nor Loan 

Credit. 

Section 7. The general assembly shall not authorize any county, 
city, borough, township or incorporated district to become a stock- 
holder in any company, association or corporation, or to obtain or 
appropriate money for, or to loan its credit to, any corporation, asso- 
ciation, institution or individual. 

Corresponding provisions in — 

Art. XIII, sec. 20, constitution as proposed. 

Debts of Municipalities. — Debt of Philadelphia. 

Section 8. The debt of any county, city, borough, township, school 
district, or other municipality or incorporated district, except as 
provided herein, and in section fifteen of this article, shall never 
exceed seven (7) per centum upon the assessed value of the taxable 
property therein, but the debt of the city of Philadelphia may be 
increased in such amount that the total city debt of said city shall 
not exceed ten (10) per centum upon the assessed value of the tax- 
able property therein, nor shall any such municipality or district 
incur any new debt, or increase its indebtedness to an amount exceed- 
ing two (2) per centum upon such assessed valuation of property, 
without the consent of the electors thereof at a public election in 
such manner as shall be provided by law. In ascertaining the bor- 
rowing capacity of the said city of Philadelphia, at any time, there 
shall be excluded from the calculation and deducted from such debt 
so much of the debt of said city as shall have been incurred, and the 
proceeds thereof invested, in any public improvements of any charac- 
ter which shall be yielding to the said city an annual current net 
revenue. The amount of such deduction shall be ascertained by capi- 
talizing the annual net revenue from such improvement during the 
year immediately preceding the time of such ascertainment ; and such 
capitalization shall be estimated by ascertaining the principal amount 



CONSTITUTIONAL AMENDMENT AND REVISION. 391 

Art. IX, Sees. 9, 10, 11 

which would yield such annual, current net revenue, at the average 
rate of interest, and sinking fund charges payable upon the indebted- 
ness incurred by said city for such purposes, up to the time of such 
ascertainment. The method of determining such amount, so to be 
deducted, may be prescribed by the general assembly. In incurring 
indebtedness for any purpose, the city of Philadelphia may issue its 
obligations maturing not later than fifty years from the date thereof, 
with provision for a sinking fund sufficient to retire said obligations 
at maturity, the payment to such sinking fund to be in equal or 
graded annual or other periodical instalments. Where any indebted- 
ness shall be or shall have been incurred by said city of Philadelphia 
for the purpose of the construction or improvement of public works 
of any character, from which income or revenue is to be derived by 
said city, or for the reclamation of land to be used in the construction 
of wharves or docks owned or to be owned by said city, such obliga- 
tions may be in an amount sufficient to provide for, and may include 
the amount of, the interest and sinking fund charges accruing and 
which may accrue thereon throughout the period of construction, and 
until the expiration of one year after the completion of the work for 
which said indebtedness shall have been incurred ; and said city shall 
not be required to levy a tax to pay said interest and sinking fund 
charges as required by section ten, article nine of the constitution of 
Pennsylvania, until the expiration of said period of one year after the 
completion of said work. (Amendment of November 5, 1918.)^ 

Corresponding provisions in — 

Art. XIII, sees. 17, 18, constitution as proposed. 

Municipal Debt Not to Be Assumed by State.-— Exceptions. 

Section 9. The commonwealth shall not assume the debt, or any 
part thereof, of any city, county, borough or township, unless such 
debt shall have been contracted to enable the state to repel invasion, 
suppress domestic insurrection, defend itself in time of war, or to 
assist the state in the discharge of any portion of its present in- 
debtedness. 

Corresponding provisions in — 

Art. VIII, sec. 8, constitution as proposed. 

Tax to Liquidate Municipal Debts. 

Section 10. Any county, township, school district or other munici- 
pality incurring any indebtedness shall, at or before the time of so 
doing, provide for the collection of an annual tax sufficient to pay the 
interest and also the principal thereof within thirty years. 

Corresponding provisions in — 

Art. XIII, sec. 23, constitution as proposed. 

State Sinking Fund. 

Section 11. To provide for the payment of the present state debt, 
and any additional debt contracted as aforesaid, the general assembly 
shall continue and maintain the sinking fund, sufficient to pay the 



"92 REPORT OF THE COMMISSION OX 

Art. IX, Sees. 12, 13, 14, 15 

accruing interest on such debt, and annually to reduce the principal 
thereof by a sum not less than two hundred and fifty thousand dol- 
lars ; the said sinking fund shall consist of the proceeds of the sales 
of the public works or any part thereof, and of the income or pro- 
ceeds of the sale of any stocks owned by the commonwealth, together 
with other funds and resources that may be designated by law, and 
shall be increased from time to time by assigning to it any part of the 
taxes or other revenues of the state not required for the ordinary 
and current expenses of government; and unless in case of war, in- 
vasion or insurrection, no part of the said sinking fund shall be used 
or applied otherwise than in the extinguishment of the public debt. 

Corresponding provisions in — 

Art. VIII, sec. 6, constitution as proposed. 

Surplus State Funds. — Investments. 

Section 12. The moneys of the state, over and above the necessary 
reserve, shall be used in the payment of the debt of the state, either 
directly or through the sinking fund, and the moneys of the sinking 
fund shall never be invested in or loaned upon the security of any- 
thing, except the bonds of the United States or of this state. 

The first part of this section is omitted as an unnecessary restriction. The 
provision with respect to the investment of moneys of the sinking fund is 
transferred to Article VIII, section 6 of the constitution as proposed. 

Reserve Funds Limited. — Monthly Statements of Reserve Funds. 

Section 13. The moneys held as necessary reserve shall be limited 
by law to the amount required for current expenses, and shall be 
secured and kept as may be provided by law. Monthly statements 
shall be published showing the amount of such moneys, where the 
same are deposited, and how secured. 

Corresponding provisions in — 

Art. VIII, sec. 9, constitution as proposed. 

Punishment for Misuse of State Moneys. 

Section 14. The making of profit out of the public moneys or using 
the same for any purpose not authorized by law by any officer of the 
state, or member or officer of the general assembly, shall be a mis- 
demeanor and shall be punished as may be provided by law, but part 
of such punishment shall be disqualification to hold office for a period - 
of not less than five years. 

Corresponding provisions in — 

Art. VIII, see. 11: Art. VII, sec. 3. constitution as proposed. 

Municipal Indebtedness for Certain Public Works. 

Section 15. No obligations which have been heretofore issued, or 
which may hereafter be issued, by any county or municipality, other 
than Philadelphia, to provide for the construction or acquisition of 
waterworks, subways, underground railways or street railways, or 



CONSTITUTIONAL AMENDMENT ANP RK VISION. 393 

Art. X, Sees. 1, 2 

the appurtenances thereof, shall be considered as a debt of a munici- 
pality, within the meaning of section eight of article nine of the con- 
stitution of Pennsylvania or of this amendment, if the net revenue 
derived from said property for a period of five years, either before 
or after the acquisition thereof, or, where the same is constructed by 
the county or municipality, after the completion thereof, shall have 
been sufficient to pay interest and sinking fund charges during said 
period upon said obligations, or if the said obligations shall be se- 
cured by liens upon the respective properties, and shall impose no 
municipal liability. Where municipalities or counties shall issue 
obligations to provide for the construction of property, as herein 
provided, said municipalities or counties may also issue obligations 
to provde for the interest and sinking fund charges accruing thereon 
until said properties shall have been completed and in operation for 
a period of one year ; and said municipalities and counties shall not 
be required to levy a tax to pay said interest and sinking fund charges, 
as required by section ten of article nine of the constitution of Penn- 
sylvania, until after said properties shall have been operated by said 
counties or municipalities during said period of one year. Any of 
the said municipalities or counties may incur indebtedness in excess 
of seven per centum, and not exceeding ten per centum, of the assessed 
valuation of the taxable property therein, if said increase of indebted- 
ness shall have been assented to by three-fifths of the electors vot- 
ing at a public election, in such manner as shall be provided by law. 
(Amendment of November 4, 1913.) 

Corresponding provisions in — 

Art. XIII, sees. 17, 18, constitution as proposed. 



ARTICLE X. 
EDUCATION. 

Public School System. 



Section 1. The general assembly shall provide for the maintenance 
and support of a thorough and efficient system of public schools, 
wherein all the children of this commonwealth above the age of six 
years may be educated, and shall; appropriate at least one million 
dollars each year for that purpose. 

Corresponding provisions in — 

Art. XI, sec. 1, constitution as proposed. 

Diversion of School Moneys to Sectarian Schools. 

Section 2. No money raised for the support of the public schools of 
the Commonwealth shall be appropriated to or used for the support 
of any sectarian school. 

Corresponding provisions in — 

Art. XI, sec. 4, constitution as proDOsed. 



394 REPORT OF THE COMMISSION ON 

Art. X, Sec. 3; Art. XI, Sec. 1; Art. XII, Sees. 1, 2 

Women Eligible as School Officers. 

Section 3. Women of twenty-one years of age and upwards, shall be 
eligible to any office of control or management under the school laws 
of this state. 

Omitted, because its provisions are covered by the last paragraph of Article VI, 
section 1 as proposed, which provides that "The right to vote and to hold 
office shall not be denied on account of race, color or sex." 



ARTICLE XI. 

MILITIA. 

Militia to Be Organized. — Maintenance. — Exemption from Service. 

Section 1. The freemen of this commonwealth shall be armed, or- 
ganized and disciplined for its defense when and in such manner as 
may be directed by law. The general assembly shall provide for 
maintaining the militia by appropriations from the treasury of the 
commonwealth, and may exempt from military service persons hav- 
ing conscientious scruples against bearing arms. 

Corresponding provisions in — 

Art. Ill, sec. 23, constitution as proposed. 



ARTICLE XII. 

PUBLIC OFFICERS. 

Election of State and Local Officers. 

Section 1. All officers, whose selection is not provided for in this 
Constitution, shall be elected or appointed as may be directed by law ; 
provided, that elections of state officers shall be held on a general 
election day, and elections of local officers shall be held on a muni- 
cipal election day, except when, in either case, special elections may 
be required to fill unexpired terms. 

The provisions of this section relating to the time of electing public officers have 
been transferred to Article VII , section 1. So much of the section as provides : 
"All officers, whose selection is not provided for in this constitution, shall be 
elected or appointed as may be directed by law," is omitted as superfluous. 



Incompatible Offices. 

Section 2. Xo member of Congress from this state, nor any person 
holding or exercising any office or appointment of trust or profit 
under the United States, shall at the same time hold or exercise any 



CONSTITUTIONAL AMENDMENT AND REVISION. 395 

Art. XII, Sec. 3; Art. XIII, Sec. 1; Art. XIV, Sec. 1 

office in this state to which a salary, fees or perquisites shall be at- 
tached. The general assembly may by law declare what offices are 
incompatible. 

Corresponding provisions in — 

Art. VII, sec. 2, constitution as proposed. 

Punishment for Dueling. 

Section 3. Any person who shall fight a dnel or send a challenge 
for that purpose, or be aider or abettor in fighting a duel, shall be de- 
prived of the right of holding any office of honor or profit in this state, 
and may be otherwise punished as shall be prescribed by lav/. 

Omitted, because the Commission believe its provisions are wholly unnecessary. 



ARTICLE XIII. 

NEW COUNTIES. 

Limitation on Erection of New Counties. 

Section 1. No new county shall be established which shall reduce 
any county to less than four hundred square miles, or to less than 
twenty thousand inhabitants ; nor shall any county be formed of less 
area, or containing a less population ; nor shall any line thereof pass 
within ten miles of the county seat of any county proposed to be di- 
vided. 

Corresponding provisions in — 

Art. XIII, sec. 4, constitution as proposed. 



ARTICLE XIV. 
COUNTY OFFICERS. 

County Offices. 

Section 1. County officers shall consist of sheriffs, coroners, pro- 
thbnotaries, registers of wills, recorders of deeds, commissioners, 
treasurers, surveyors, auditors or controllers, clerks of the courts, 
district attorneys, and such others as may from time to time be es- 
tablished by law ; and no sheriff or treasurer shall be eligible for the 
term next succeeding the one for which he may be elected. 

Corresponding provisions in — 

Art. XIII, sees. 9, 10, constitution as proposed. 



396 REPORT OF THE COMMISSION ON 

Art. XIV, Sees. 2, 3, 4, 5, 6 

Election of County Officers. — Terms. — Vacancies. 

Section 2. County officers shall be elected at the municipal elec- 
tions and shall hold their offices for the term of four years, beginning 
on the first Monday of January next after their election, and until 
their successors shall be duly qualified; all vacancies not otherwise 
provided for, shall be filled in such manner as may be provided by 
law. (Amendment of November 2, 1909.) 

Corresponding provisions in — 

Art. XIII, sec. 10, constitution as proposed. 



Qualifications. 

Section 3. No person shall be appointed to any office within any 
county who shall not have been a citizen and an inhabitant therein 
one year next before his appointment, if the county shall have been 
so long erected, but if it shall not have been so long erected, then 
within the limits of the county or counties out of which it shall have 
been taken. 

Corresponding provisions in — 

Art. XIII, sec. 13, constitution as proposed. 



Where Offices Shall Be Kept. 

Section -1. Prothonotaries, clerks of the courts, recorders of deeds, 
registers of wills, county surveyors and sheriffs, shall keep their of- 
fices in the county town of the county in which they respectively shall 
be officers. 

Corresponding provisions in — 

Art. XIII, sec. 14, constitution as proposed. 



Compensation of County Officers. — Fees. 

Section 5. The compensation of county officers shall be regulated 
by law, and all county officers who are or may be salaried shall pay 
all fees which they may be authorized to receive, into the treasury of 
the county or state, as may be directed by law. In counties contain- 
ing over one hundred and fifty thousand inhabitants all county of- 
ficers shall be paid by salary, and the salary of any such officer and 
his clerks, heretofore paid by fees, shall not exceed the aggregate 
amount of fees earned during his term and collected by or for him. 

Corresponding provisions in — 

Art. XIII, sec. 15, constitution as proposed. 

Accountability of Municipal Officers. 

Section 6. The general assembly shall provide by law for the strict 
accountability of all county, township and borough officers, as well 
for the fees which may be collected by them, as for all public or 
municipal moneys which may be paid to them. 

Corresponding provisions in — 

Art. XIII, sec. 8, constitution as proposed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 397 

Art. XIV, Sec. 7; Art. XV, Sees. 1, 2, 3 

County Commissioners and Auditors. 

Section 7. Three county commissioners and three county auditors 
shall be elected in each county where such officers are chosen, in the 
year one thousand nine hundred and eleven and every fourth year 
thereafter ; and in the election of said officers each qualified elector 
shall vote for no more than two persons, and the three persons having 
the highest number of votes shall be elected; any casual vacancy in 
the office of county commissioners or county auditor shall be filled, 
by the court of common pleas of the county in which such vacancy 
shall occur, by the appointment on an elector of the proper county 
who shall have voted for the commissioner or auditor whose place is 
to be filled. (Amendment of November 2, 1909.) 

Corresponding provisions in — 

Art. XIII, see. 11, constitution as proposed. 



ARTICLE XV. 
CITIES AND CITY CHARTERS. 

When Cities May be Chartered. 

Section 1. Cities may be chartered whenever a majority of the 
electors of any town or borough having a population of at least ten 
thousand shall vote at any general election in favor of the same. 

Omitted because the Commission believe that the general assembly should have 
the right to determine the minimum number of persons who may form a given 
kind of municipality, and because so much of this section as gives to the 
electors of a borough (the town as a municipal organization is not known to 
our law) the right to give or withhold their assent to having the borough 
become a city, has been included in, the important principle expressed in 
Article XII, section 4, constitution as proposed : "A city or borough shall not 
be established * * * except with the consent of a majority of the electors 
resident within the proposed boundaries voting on the question. * * * " 



Debts Incurred by Municipal Commissions. 

Section 2. No debt shall be contracted or liability incurred by any 
municipal commission, except in pursuance of an appropriation 
previously made therefor by the municipal government. 

Corresponding provisions in — 

Art. XIII, sec. 19, constitution as proposed. 



City Sinking Fund. 

Section 3. Every city shall create a sinking fund, which shall be 
inviolably pledged for the payment of its funded debt. 

Corresponding provisions in — 

Art. XIII, sec. 18, constitution as proposed. 



398 REPORT OF THE COMMISSION ON 



Art. XVI, Sees. 1, 2, 3, 4 

ARTICLE XVI. 

PRIVATE CORPORATIONS. 

Certain Unused Charters Void. 

Section 1. All existing charters, or grants of special or exclusive 
privileges, under which a bona fide- organization shall not have taken 
place and business been commenced in good faith, at the time of the 
adoption of this Constitution, shall thereafter have no validity. 

Omitted. In 1874 when this section came in force, there were a number of 
charters of incorporation granted under special laws which it was important 
to cancel. To re-adopt the section in a new constitution would be to cancel 
all charters taken out under the existing general incorporation act, if the 
incorporators had not done business. The requirement that persons who 
secure a charter must, in a reasonable time, perfect their organization and 
bogin business is amply taken care of by the Act of June 13, 1883, section 5, 
P. L. 123. For act applying only to banks, see Act of April 23, 1909, P. 
L. 143. 



Conditions Imposed on Certain Benefits to Corporations. 

Section 2. The general assembly shall not remit the forfeiture of 
the charter of any corporation now existing, or alter or amend the 
same, or pass any other general or special law for the benefit of such 
corporation, except upon the condition that such corporation shall 
thereafter hold its charter subject to the provisions of this Consti- 
tution. 

Corresponding provisions in- 
Art. IX, sec. 11, constitution as proposed. 



State's Right of Eminent Domain. — Police Power. 

Section 3. The exercise of the right of eminent domain shall never 
be abridged or so construed as to prevent the general assembly from 
taking the property and franchises of incorporated companies, and 
subjecting them to public use, the same as the property of individuals ; 
and the exercise of the police power of the state shall never be 
abridged or so construed as to permit corporations to conduct their 
business in such manner- as to infringe the equal rights of individuals 
or the general well-being of the state. 

Corresponding provisions in — 

Art. IX, sec. 7, constitution as proposed. 



Corporate Elections. 

Section 4. In all elections for directors or managers of a corpora- 
tion each member or shareholder may cast the whole number of his 
votes for one candidate, or distribute them upon two or more can- 
didates, as he may prefer. 

Corresponding provisions in — 

Art. IX, sec. 5, constitution as proposed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 399 

Art XVI, Sees. 5, 6, 7, 8 

Foreign Corporations. 

Section 5. No foreign corporation shall do any business in this 
state without having one or more known places of business and an 
authorized agent or agents in the same upon whom process may be 
served. 

Corresponding provisions in — 

Art. IX, sec. 6, constitution as proposed. 

Corporate Powers. — Real Estate. 

Section 6. No corporation shall engage in any business other than 
that expressly authorized in its charter, nor shall it take or hold any 
real estate except such as, may be necessary and proper for its 
legitimate business. 

Corresponding provisions in — 
Art. IX, sec. 1. 

The provisions in the present constitution that a corporation cannot hold any 
real estate except such as may be necessary and proper for its business has 
been omitted because if it only means that a corporation cannot hold any real 
estate for the purpose of engaging in a business not authorized by its charter, 
such holding is prevented by the wording of the section herein suggested. If 
the wording of the present constitution may be interpreted as preventing a 
corporation holding for its future use in its authorized business more property 
than it is actually using in its business at the moment, the provision is harmful, 
because it prevents persons carrying on business in corporate form from acting 
in the conduct of their business as ordinary prudent business men should act, 
in that it prevents them from securing sufficient real estate to anticipate what 
they may reasonably except to be the needs of their business. 

Stocks and Bonds. — Increase of Indebtedness. 

Section 7. No corporation shall issue stocks or bonds except for 
money, labor done, or money or property actually received; and all 
fictitious increase of stock or indebtedness shall be void. The stock 
and indebtedness of corporations shall not be increased except in pur- 
suance of general law, nor without the consent of the persons holding 
the larger amount in value of the stock, first obtained at a meeting to 
be held after sixty days' notice given in pursuance of law. 

Corresponding provisions in — 

Art. IX, sec. 2, constitution as proposed. 

Property Taken, Injured or Destroyed by Private and 
Municipal Corporations. 

Section 8. Municipal and other corporations and individuals in- 
vested with the privilege of taking private property for public use 
shall make just compensation for property taken, injured or destroyed 
by the construction or enlargement of their works, highways or im- 
provements, which compensation shall be paid or secured before such 
taking, injury or destruction. The general assembly is hereby pro- 
hibited from depriving any person of an appeal from any preliminary 
assessment of damages against any such corporations or individuals 
made by viewers or otherwise; and the amount of such damages in 
all cases of appeal shall on the demand of either party be determined 
by a jury according, to the course of the common law. 

Corresponding provisions in — 

Art. X, sec. 2, constitution as proposed. 



400 REPORT OF THE COMMISSION ON 

Art. XVI, Sees. 9, 10, 11, 12, 13 

Banking Laws. 

Section 9. Every banking law shall provide for the registry and 
countersigning, by an officer of the state, of all notes or bills designed 
for circulation, and that ample security to the full amount thereof 
shall be deposited with the Auditor General for the redemption of 
such notes or bills. 

Corresponding provisions in — 

Art. IX, sec. 4, constitution as proposed. 

Revocation and Alteration of Corporate Charters.— New Charters. 

Section 10. The general assembly shall have the power to alter, 
revoke or annul any charter of incorporation now existing and re- 
vocable at the adoption of this Constitution, or any that may here- 
after be created, whenever in their opinion it may be injurious to 
the citizens of this commonwealth, in such manner, however, that 
no injustice shall be done to the corporators. No law hereafter 
enacted shall create renew or extend the charter of more than one 
corporation. 

Corresponding provisions in — 

Art. IX, sec. 10, constitution as proposed. 

Bank Charters. 

Section 11. The general assembly shall have the power by general 
law to provide for the incorporation of banks and trust companies 
and to prescribe the powers thereof. 

Corresponding provisions in — 

Art. IX, sec. 12, constitution as proposed. 

Regulation of Telegraph Lines. 

Section 12. Any association or corporation organized for the pur- 
pose, or any individual, shall have the right to construct and main- 
tain lines of telegraph within this state, and to connect the same with 
other lines, and the general assembly shall, by general law of uni- 
form operation, provide reasonable regulations to give full effect to 
this section. No telegraph company shall consolidate with, or hold a 
controlling interest in the stock or bonds of any other telegraph com- 
pany owning a competing line, or acquire, by purchase or otherwise, 
any other competing line of telegraph. 

Corresponding provisions in — 

Art. X, sees. 3, 7, constitution as proposed. 

Joint-Stock Companies or Associations Treated as Corporations. 

Section 13. The term "corporation" as used in this article shall 
be construed to include all joint : stock companies or associations hav- 
ing any of the powers or privileges of corporations not possessed by 
individuals or partnerships. 

Corresponding previsions^ in — 

Art. IX, sec. 13, constitution as proposed. 



CONSTITUTIONAL AMENDMENT AND REVISION. , 401 



Art. XVII, Sees. 1, 2, 3 

ARTICLE XVII. 

RAILROADS AND CANALS. 

Railroads and Canals to be Public Highways and Common 
Carriers. — Connection With Other Lines. 

Section 1. All railroads and canals shall be public highways, and 
all railroad and canal companies shall be common carriers. Any 
association or corporation organized for the purpose shall have the 
right to construct and operate a railroad between any points within 
this state, and to connect at the state line with railroads of other 
states. Every railroad company shall have the right with its road to 
intersect, connect with or cross any other railroad; and shall receive 
and transport each the other's passengers, tonnage and cars loaded or 
empty, without delay or discrimination. 

Corresponding provisions in — 

Art. X, sec. 3, constitution as proposed. 



Stock Transfer Office. — Books. 

Section 2. Every railroad and canal corporation organized in this 
state shall maintain an office therein where transfers of its stock 
shall be made, and where its books shall be kept for inspection by any 
stockholder or creditor of such corporation, in which shall be recorded 
the amount of capital stock subscribed or paid in, and by whom, the 
names of the owners of its stock and the amounts owned by them, 
respectively, the transfer of said stock, and the names and places 
of residence of its officers. 

Omitted, because the section contains only detail provisions which your Com- 
mission believe are the proper subject of statutory rather than constitutional 
regulation. 



No Discrimination in Service. 

Section 3. All individuals, associations and corporations shall have 
equal right to have persons and property transported over railroads 
and canals, and no undue or unreasonable discrimination shall be 
made in charges for, or in facilities for, transportation of freight 
or passengers within the state or coming from or going to any other 
state. Persons and property transported over any railroad shall be 
delivered at any station at charges not exceeding the charges for 
transportation of persons and property of the same class in the same 
direction to any more distant station; but excursion and commuta- 
tion tickets may be issued at special rates. 

Corresponding provisions in — 

Art. X, sec. 5, constitution as proposed. 



26 



402 REPORT OF THE COMMISSION ON 

Art. XVII, Sees. 4, 5, 6, 7 

Consolidation Permitted. 

Section 4. No railroad, canal or other ^corporation, or the lessees, 
purchasers or managers of any railroad or canal corporation, shall 
consolidate the stock, property or franchises of such corporation 
with, or lease, or purchase the works or franchises of, or in any way 
control any other railroad or canal corporation owning or having 
under its control a parallel or competing line; nor shall any officer 
of such railroad or canal corporation act as an officer of any 
railroad or canal corporation owning or having the control of a 
parallel or competing line; and the question whether railroads or 
canals are parallel or competing lines shall, when demanded by the 
party complainant, be decided by a jury as in other civil cases. 

Corresponding provisions in — 

Art. X, sec. 7, constitution as proposed. 



Limitation of Powers. 

Section 5. No incorporated company doing the business of a com- 
mon carrier shall, directly or indirectly, prosecute or engage in min- 
ing or manufacturing articles for transportation over its works; nor 
shall such company, directly or indirectly, engage in any other busi- 
ness than that of common carriers, or hold or acquire lands, freehold 
or leasehold, directly or indirectly, except such as shall be necessary 
for carrying on its business: but any mining or manufacturing com- 
pany may carry the products of its mines and manufactories on its 
railroad or canal not exceeding fifty miles in length. 

Corresponding provisions in — 

Art. X, sec. 8, constitution as proposed. 



Officers Not to be Interested in Contracts. 

Section 6. No president, director, officer, agent or employee of 
any railroad or canal company shall be interested, directly or indi- 
rectly, in the furnishing of material or supplies to such company, or 
in the business of transportation as a common carrier of freight or 
passengers over the works owned, leased, controlled or worked by 
such company. 

Omitted because it contains matter suitable for legislative action rather than for 
constitutional declaration. 



Discrimination and Preferences Prohibited. 

Section 7. No discrimination in charges or facilities for trans- 
portation shall be made between transportation companies and indi- 
viduals, or in favor of either, by abatement, drawback or otherwise, 
and no railroad or canal company, or any lessee, manager or employe 
thereof, shall make any preferences in furnishing cars or motive 
power. 

Corresponding provisions in — 

Art. X, sec. 6, constitution as proposed. 



CONSTITUTIONAL AMENDMENT AND REVISION. 403 

Art. XVII, Sees. 8, 9, 10, 11, 12 

Passes Prohibited. 

Section 8. No railroad, railway or other transportation company 
shall grant free passes, or passes at a discount, to any person except 
officers or employes of the company. 

Corresponding provisions in — 

Art. X, sec. 9, constitution as proposed. 

Street Railways. ' 

Section 9. No street passenger railway shall be constructed within 
the limits of any city, borough or township, without the consent 
of its local authorities. 

Corresponding provisions in — 

Art. XIII, sec. 26, constitution as proposed. 

Acceptance of these Articles. 

Section 10. No railroad, canal or other transportation company, 
in existence at the time of the adoption of this article, shall have 
the benefit of any future legislation by general or special laws, 
except on condition of complete acceptance of all the provisions of 
this article. 

Omitted, because this section is a repetition of the more comprehensive provi- 
sions on the same subject in Article IX, sec. 11, as proposed (Art. XVI, 
sec. 2 of the present constitution). 

Duties of Secretary of Internal Affairs. 

Section 11. The existing powers and duties of the auditor general 
in regard to railroads, canals and other transportation companies, 
except as to their accounts, are hereby transferred to the secretary 
of internal affairs, who shall have a general supervision over them, 
subject to such regulations and alterations as shall be provided 
by law; and in addition to the annual reports now required to be 
made, said secretary may require special reports at any time upon 
any subject relating to the business of said companies from any 
officer or officers thereof. 

Omitted because the transference of powers from the auditor general's depart- 
ment to the secretary of internal affairs was accomplished on the adoption 
of the present constitution, and therefore the provision is obsolete. Also we 
believe that the constitution should not attempt to prescribe in detail the 
powers of the different executive departments of the state government. As 
worded, the section does not vest in the secretary of internal affairs any 
powers which the general assembly may not alter or abolish. 

Enforcement of This Article. 

Section 12. The general assembly 1 shall enforce by appropriate 
legislation the provisions of this article. 

Corresponding provisions in — 

Art. X, sec. 11, constitution as proposed. 



404 REPORT OF THE COMMISSION ON 

Art. XVIII, Sec. 1; Amendment of Nov. 2, 1915 

ARTICLE XVIII. 

FUTURE AMENDMENTS. 

How Constitution May Be Amended. 

Section 1. Any amendment or amendments to this Constitution may 
be proposed in the Senate or House of Kepresentatives ; and, if the 
same shall be agreed to by a majority of the members elected to each 
House, such proposed amendment or amendments shall be entered' on 
their journals with the yeas and nays taken thereon, and the Secre- 
tary of the Comonwealtbc shall cause the same to be published three 
months before the next general election, in at least two newspapers in 
every county in which such newspapers shall be published ; and if, in 
the general assembly next afterwards chosen, such proposed amend- 
ment or amendments shall be agreed to by a majority of the members 
elected to each House, the Secretary of the Commonwealth shall cause 
the same again to be published in the manner aforesaid; and such 
proposed amendment or amendments shall be submitted to the quali- 
fied electors of the state in such manner, and at such time at least 
three months after being so agreed to by the two Houses, as the 
general assembly shall prescribe; and, if such amendment or amend- 
ments shall be approved by a majority of those voting thereon, such 
amendment or amendments shall become a part of the Constitution; 
but no amendment or amendments shall be submitted oftener than 
once in five years. When two or more amendments shall be sub- 
mitted they shall be voted upon separately. 

Corresponding provisions in- 
Art. XIV, sec. 1, constitution as proposed. 



AMENDMENT OF NOVEMBER 2, 1915. 
Laws may be passed providing for a system of registering, trans- 
ferring, insuring of and guaranteeing land titles by the state, or 
by the counties thereof, and for settling and determining adverse 
or other claims to and interest in lands the titles to which are so 
registered, transferred, insured and guaranteed ; and for the creation 
and collection of indemnity funds; and for carrying the system 
find powers hereby provided for into effect by such existing courts 
as may be designated by the legislature, and by the establishment 
of such new courts as may be deemed necessary. In matters arising 
in and under the operation of such system, judicial powers, with 
right of appeal, may be conferred by the legislature upon county 
recorders and upon other officers by it designated. Such laws may 
provide for continuing the registering, transferring, insuring and 
guaranteeing such titles after the first or original registration has 
Oeen perfected by the court, and provision may be made for raising 
the necessary funds for expenses and salaries of officers, which shall 
be paid out of the treasury of the several counties. 

This section was added to the present constitution by the amendment of November 
2, 1915. The legislature failed to designate any article or section for the 
amendment. 

Corresponding provisions in — 

Art. Ill, sec. 22, constitution as proposed. 



EXHIBIT E. 



INDEX 

to the 

PROPOSED CONSTITUTION. 



( 405 ) 




(406) 



EXHIBIT E. 



INDEX TO THE PROPOSED CONSTITUTION. 

Art. Sec. 

Abolishment of government, I 2 

Alteration of government, I 2 

Amendments to bills, Ill 5 

Amendment to constitution , XIV 1 

Appeals in penalty cases, V 22 

Appointing power, IV 8 

Appropriation bills, approval and veto, . Ill 18 

Appropriations , charitable, Ill 13 

educational , Ill 13 

public education , XI 3 

general law , Ill 12 

law, one subject, Ill 9 

plan of, Ill 12 

to pay debts of municipalities , Ill 15 

to sectarian institutions, Ill 14 

Arms, conscientious scruples against bearing, Ill 23 

right to bear, . . . I 21 

Army, governor commander-in-chief, IV 7 

standing, in times of peace, I 22 

Assembly, right of, I 20 

Assessments for benefits , XIII 22 

Attainder, no corruption or forfeiture, I 19 

of treason or felony, . I 18 

Attorney general, appointed, IV 8 

member of board of pardons, . . . . IV 9 

Auditor, appointment of by orphans court, V 12 

Auditor general, approval of contracts, IV 21 

election and term , IV 19 

vacancy , IV 8 

Bail , excessive forbidden , I 13 

right to , I 14 

Banks, incorporation of, IX 12 

Bank notes and bills , IX 4 

Bills , alteration or amendment , Ill 5 

amendments , Ill 5 

approval by majority of each house, Ill 7 

final passage , Ill 7 

local or special , Ill 6 

printing and reference , . . Ill 3 

to repeal a local or special law, Ill (> 

revenue , Ill 2 

signatures to , Ill 8 

Board of pardons, IV 9 

Boroughs, appointive officers, XIII 7 

establishment or change, XIII 6 

Borrowing power, see state debt, municipalities. 

Bribery as disqualification, VII 3 

evidence in , VII 9 

of or by public servants , . . VII 9 

Budget system , Ill 12 

Canals , construction of, X 10 

discrimination forbidden X 5 

rights of, X 3 

Capital, change of, Ill 26 

Charitable appropriations, Ill 13 

inspection and control of, XII 4 

plan of, Ill 12 

provided for, XII 1 

what forbidden , ' Ill 16 

(407) 



408 



INDEX. 



Art. 

Charters , change of, IX 

Cities, appointive officers XIII 

establishment or change , XlII 

Civil power, paramount to military, I 

Civil service system, : YII 

Claims against commonwealth without previous authority , Ill 

Codification, one subject, Ill 

Commission , lots to determine priority , V 

Oyer and terminer, I 

Commissioner of education, appointed, IV 

chief executive officer of state council, XI 

Commissions IV 

Committees of conference , Ill 

to consider bills , Ill 

Common carriers, limitations on, X 

rights of , X 

Common pleas , compensation , V 

composition, election and term, V 

jurisdiction of, V 

in Philadelphia, V 

residence , V 

Commonwealth , suits against^ I 

Compensation, extra forbidden, Ill 

members of general assembly II 

of officer, increase or decrease, VII 

Compilation of statutory law, one subject, Ill 

Consolidation -of public utilities, X 

Constitution, amendment, XIV 

convention to amend or revise, XIV 

Contracts of state government, IV 

Corporations , banks and trust companies , , IX 

change of charter, IX 

cumulative voting, IX 

definition , IX 

increase of stock or debt, IX 

investment of trust funds , IX 

issue of stocks and bonds, IX 

obligations owned by state, IX 

police power as to , IX 

powers , IX 

registration of foreign , . IX 

statutes of limitation, IX 

to accept this constitution , IX 

Correctional institutions, inspection and control of XII 

provided for, XII 

Corruption of blood on attainder, I 

Costs may be graded, V 

Counsel , assignments of gratuitous , V 

Counties, appointive officers, XIII 

co-extensive with a city, finances, XIII 

co-extensive with a city , officers , XIII 

commissioners and auditors , XIII 

compensation of officers, XIII 

election of officers , XIII 

establishment of new XIII 

officers of XIII 

officers in county seat XIII 

prothonotary of Philadelphia XIII 

residence of appointive officers, XIII 

Courts , compensation , V 

determination of election contests VI 

duties to be judicial only, V 

increase of compensation , VII 

judicial power vested in , V 

numbering of judgeships, V 

offices incompatible with judge , VII 

open and speedy justice , I 

quarter sessions of the peace, V 

oyer and terminer, V 

power to change venue, V 

priority of commission, |V 

removal of judges , VII 

residence of judges V 

special laws forbidden Ill 

Criminal prosecutions . rights of accused , I 

Cumulative voting, IX 



Sec. 

10 
7 
6 

22 
8 

16 
9 

16 

15 
8 
2 

22 

5 

3 

8 

3 

18 

8 

9 

10 

17 

11 

16 

7 

5 

9 

7 

1 

2 

20 

12 

10 

5 

13 

9 

3 



7 

1 

6 

9 

11 

4 

2 

19 

25 

25 

7 

16 

9 

11 

15 

10 

4 

9 

14 

12 

13 

18 

11 

19 

5 

1 

15 

2 

11 
11 
11 

20 

16 

7 

17 

20 

9 

5 



INDEX. 



409 



Art. Sec. 

Date when laws take effect, Ill 19 

Death, survival of right of action, Ill 21 

Debt, see state debt, municipalities. 

Debts, imprisonment for forbidden, I 16 

Denominational institutions , appropriations to , Ill 14 

no appropriation for education, XI 4 

Deodands forbidden , .. . . I 19 

Disability of governor, determination of, IV 16 

of lieutenant-governor, determination of, IV 16 

Disasters , relief for, Ill 15 

Disqualifications from office, VII 3 

Districts , judicial , ~ V 7 

representative , II 4 

senatorial , II 3 

Due process clause , I 9 

Education, appropriation for, XI 3 

III 13 

appropriations to denominational institutions, XI 4 

basic instruction in English ,- XI 6 

commissioner of, XI 2 

only English institutions exempted from taxation, VIII 2 

state council of, XI 2 

state school fund , XI 5 

system provided, XI 1 

what forbidden , Ill 16 

Election districts , VI 6 

Elections of auditor general, . IV 19 

bribery, VI 5 

of common pleas judges , V 8 

contested , VI 11 

contested of governor, IV 4 

of county commissioners and auditors , XIII 11 

of county officers , XIII 10 

election officers, VI 7 

election officer as candidate , VII 3 

free and equal , I 5 

general when held , VI 9 

of governor, IV 3 

judgeships to be numbered, V 15 

of justices of the peace , V 13 

of justices of the peace in Philadelphia, V 14 

of lieutenant-governor, IV 13 

method of, VI 10 

municipal officers , VII 1 

municipal when held , VI 9 

no discrimination for race, color or sex, VI 1 

overseers of elections, VI 8 

privilege from arrest , VI 4 

qualifications of electors , VI 1 

representative bodies, VI 12 

residence of electors , VI 2 

soldier and sailor vote , VI 3 

special , VII 1 

special laws forbidden , Ill 20 

of superior court, V 5 

supreme court , V 2 

testimony in contested election, - VI 5 

time of, VI 9 

VII 1 

vacancies filled by IV 8 

Electricity, sale of surplus, X 8 

Eminent domain, compensation required, I 10 

method of exercise , X 2 

no abridgment , IX 7 

English, schools must employ to be exempt from taxation, VIII 2 

to be basis of instruction , XI 6 

Evidence, against one's self, I 9 

Executive officers , IV 1 

Executive power, vested, IV 1 

Ex post facto law , I 17 

Extra condemnation , XIII 23 

Felony, attainder forbidden, ? I 18 

Fines , excessive forbidden , I 13 

Forfeitu-e of estate , I 19 

Foreign corporations •. IX 6 

Funds under public control, appropriations to, Ill 15 



410 INDEX. 



Furnishings and fuel for capitol buildings, 

General assembly, adjournments, 

adjournment by governor, . . . . 

adjournment in case of veto , 

choice of officers , 

compensation , 

composition of, 

debates privileged, 

disqualifications , , 

election and qualifications of members , 

election of governor by, 

election of members , 

expulsion of member, 

incompatible offices, 

interested member not to vote , 

journals , 

members not to be interested in state contracts, 

officers and employees, -. 

power of, 

powers of each house, 

privilege from arrest, 

quorums , 

sessions open, - 

special sessions , 

terms of members , 

times of sessions, 

vacancies , 

Government, right to alter, reform or abolish, . . . 
Governor, approval and veto of appropriations, . . . 

contested election. • • • • 

determination of disability, 

duty to inform general assembly, 

election , 

incompatible offices , 

military and naval power, 

pardoning power, . . . 

power of appointment, 

power to adjourn or convene general assembly, 

power to require information , 

qualifications , 

term , 

to have supreme executive power, 

vacancy in office, 

Gratuities forbidden , 

for military services, 

Habeas corpus, suspension of 

Health, protection and promotion of, 

Homicide cases, appeals to supreme court, 

House of representatives, part of general assembly, 

powers, 

speaker , 

Immigration permitted, 

Impeachment, 

as disqualification from office , 

Impairing obligation of contracts, 

Incompatible offices , 

Indictments, form of, 

Industrial statistics, bureau of, 

Information , proceedings by , 

Interested member of general assembly not to vote, 

Investment of trust funds, 

Irrevocable grants of special privilege, 

Journals and general assembly 

Judges, see courts. 

Judicial districts , 

Judicial power vested , 

Jury, agreement to waive trial by, 

in libel cases , 

trial by as heretofore , 

Justices of the peace, appeals from, 

compensation , 

election of, 

jurisdiction, 

removal of, ' 

residence , 



Art. 


Sec. 


IV 


21 


II 


16 


IV 


12 


III 


17 


II 


12 


II 


7 


II 


1 


II 


8 


VII 


3 


II 


11 


IV 


14 


II 


6 


II 


11 


VII 


2 


III 


4 


II 


14 


IV 


20 


II 


13 


II 


1 


II 


11 


II. 


8 


II 


10 


II 


15 


IV 


12 


II 


6 


II 


9 


II 


6 


I 


2 


III 


17 


IV 


4 


IV 


16 


IV 


11 


IV 


3 


VII 


2 


IV 


7 


IV 


9 


IV 


8 


IV 


12 


IV 


10 


IV 


2 


IV 


3 


IV 


6 


IV 


14 


III 


16 


III 


15 


I 


15 


XII 


5 


V 


21 


II 


1 


II 


11 


II 


12 


I 


25 


VII . 


6 


VII 


3 


I 


17 


VII 


2 


V 


23 


IV 


18 


I 


10 


III 


4 


IX 


3 


I 


17 


II 


14 


V 


7 


V 


1 


V 


24 


I 


7 


I 


6 


V 


22 


V 


13 


V 


13 


V 


13 


V 


13 


V 


17 



INDMX. 



411 



Art. Sec. 

in Philadelphia, . V 14,17, 

18 

not in Philadelphia, ." V 13 

Land titles, Ill 22 

Laws, date of taking effect , Ill 19 

enacted by bill only, Ill 1 

form of amending, reviving or extending, Ill 11 

only one subject, Ill 9 

short title, Ill 10 

subject expressed in title, Ill 10 

Legislative apportionment, II 2 

Legislative power, vesting of, II 1 

Libel, freedom of communication, 7 

Liberty, right of enjoying, I 1 

Libraries , public system , XI 1 

Liteu tenant-governor, determination of disability, IV 16 

election of, IV 13 

incompatible offices , ...» VII 2 

member of board of pardons , IV 9 

to be president of the senate , IV 13 

qualifications , IV 13 

when succeeds to governor IV 14 

Life , right of enjoying, I 1 

not to be twice in jeopardy, I 10 

Limitation of liability for injuries, . . . Ill 21 

Local laws, see special laws. 

Magistrates abolished, V 14 

Manufacturing corporation, when not common carrier, X 8 

Masculine form to include feminine , Concluding Sec. 

Mileage , members of general assembly , 1£ 7 

Military power, subject to civil, I 22 

services, gratuities for, Ill 15 

services , pensions for, Ill 15 

Militia, Ill 23 

governor commander-in-chief, IV 7 

Mine cave-ins, relief for, Ill 15 

special taxation for relief, VIII 1 

Mining corporation, when not common carrier, X 8 

Misdemeanor in office , proceedings by information , I 10 

Mothers' pensions , Ill 15 

Municipalities, see also counties, cities, townships, boroughs. 

accountability of officers -. . . . XIII 8 

appointive officers , XIII 7 

appropriations to pay debts of, Ill 15 

assessments for benefits, , XIII 22 

assumption of debt by state, VIII 8 

borrowing capacity, XIII 17 

city or borough established or changed, XIII 6 

classification , XIII 2 

contracts between , XIII 25 

control of street passenger railways , XIII 26 

county officers , XIII 9 

debts not for money borrowed, ' XIII 19 

definition , , XIII 1 

disqualifications from office, -. VII 3 

election of officers , VII 1 

extra condemnation , XIII 22 

home rule for cities , XIII 5 

local or special laws , XIII 2 

payment of taxes in one place , XIII 27 

pledge of credit, XIII 20 

proportional representation, '. XIII 3 

special commissions, XIII 21 

special laws forbidden , Ill 20 

zoning XIII 24 

Municipality, making profit out of public money, VIII 11 

Navy, governor commander-in-chief, IV 7 

Oath of office , VII 4 

Office , during good behavior, I 24 

Officers, removal by impeachment, VII 6 

Orphans courts , V 12 

Orphans court, compensation of judges, V 18 

residence , V 17 

Paper and stationery for state government, IV 21 

Pardoning 'lower , IV 9 



412 INDEX. 

Art. Sec 

Passes prohibited , X 9 

Payments out of state treasury, VIII 10 

Penal institutions, inspection and control of, XII 4 

provided for , XII 2 

Pensions for military services , Ill 15 

public servants , Ill 15 

Petition, right of, . I 20 

Pledge of credit by municipality, XIII 20 

state government, VIII 7 

Power, inherent in the people, I 2 

President pro tempore of the senate , II 12 

when succeeds to governor, IV 14 

Presiding officers , when required to sign , Ill 8 

Press, freedom of, I 7 

Printing and binding for state government, IV 21 

Printing of bills , Ill 3 

Prisoners, employment and treatment, XII 3 

Process , style of , V 23 

regulation of X 1 

water rights , . X 10 

Property, see eminent domain. 

right of acquirin™ I 1 

Proportional representation in municipalities, XIII 3 

Prothonotary. of Philadelphia, XIII 12 

Public utilities , abatement and drawbacks , X 6 

consolidation permitted . . . .?. X 7 

discrimination forbidden , X 5 

eminent domain , X 2 

free passes forbidden , X 9 

limitations of common carriers, X 8 

rights* of common carriers, X 3 

Punishments, cruel forbidden, I 13 

Quartering of soldiers , I 23 

Railroads , discrimination forbidden , X 5 

rights of , , X 3 

Register of wills to be clerk of orphans court, V 12 

Relief for disasters , Ill 15 

mine cave-ins , Ill 15 

Religion , no constraint or preference , I 3 

no disqualification , I 4 

Removal otherwise than by impeachment, VII 7 

Representative bodies, elections by, VI 12 

Representatives , districts , II 4 

election of, II 6 

qualifications and residence, II 5 

term, II 6 

vacancy , II 6 

Reputation, right of protecting, I 1 

Reserve funds of state, VIII 9 

Reservation of powers , I 26 

Resolutions, signatures to joint " III 8 

Revenue bills Ill 2 

Revision of statutory law, one subject, Ill 9 

Seal of the commonwealth , IV 22 

Searches and seizures I 8 

Secretary of the commonwealth appointed, IV 8 

duties , IV 17 

member of board of pardons, IV 9 

Secretary of internal affairs appointed IV 8 

duties , IV 18 

member of board of pardons IV 9 

Sectarian institutions, appropriations to, Ill 14 

Senate, consent to appointments IV 8 

lieutenant-governor to be president, IV 13 

part of general assembly , II 1 

powers II 11 

president pro tempore II 12 

special sessions , IV 12 

Senator, election, II 6 

qualifications and residence, II 5 

term II 6 

vacancy, II 6 

Senatorial districts II 3 

Serial bonds, state debt, VIII 6 

Sinking fund, state debt VIII 6 

Speaker of house of representatives, II 12 



INDEX. 



413 



Art. 

Special and local laws forbidden, Ill 

Special commissions forbidden ttt 

Special laws, bills to repeal. . vttt 

classification of municipalities , -fxr 

Special sessions called by governor, IV 

subjects of legislation . Ill 

to elect governor , IV 

State council of education • tt^Vt 

State debt, amortization JIII 

amount and purposes , VIII 

form of law, • VIII 

not to include municipal debt VIII 

State treasurer, approval of contracts, IV 

election and term IV 

vacancy, IV 

State treasury, making profit out of, VIII 

. payment on warrant, VIII 

reserve funds , VIII 

Statutes of limitation , IX 

see laws. 

Streams , purity of Ill 

Street passenger railways, control of, XIII 

Subject of law in title , .'. Ill 

Subject, law to have only one, Ill 

Suicide , vesting of estate I 

Summary convictions, armeals, * V 

Superior court, compensation V 

Superior court, election and term, V 

jurisdiction , V 

residence, V 

Supreme court, appeals in homicide cases V 

compensation , V 

election and term , V 

jurisdiction , . V 

regulation of procedure, . .' V 

residence V 

Survival of right of action Ill 

Suspension of laws , I 

Taxation, exemption, VIII 

income or decedent's estate, VIII 

only by general law VIII 

payment of municipal taxes at once place XIII 

special exemption laws forbidden, 

special on coal , VIII 

surrender of power, VIII 

uniformity VIII 

Teachers' pensions , . Ill 

training provided XI 

Telegraph and telephone companies, discrimination forbidden, ... X 

rights of, , X 

Term of officer, extension , . VII 

Titles, I 

Title, short, Ill 

Torrens system of land titles, Ill 

Townships, appointive officers, XIII 

Treason, attainder forbidden, I 

Trial by jury, agreement to waive, V 

as heretofore I 

Trust companies, incorporation of IX 

Trust funds , investment of , IX 

Universities , appropriations to , Ill 

public provided , XI 

Venue , power to change , V 

Veto by governor, Ill 

Water rights , X 

Women included in masculine form Concluding 

Workmen's compensation Ill 

Yeas and navs in general assembly , II 

on charitable appropriations , Ill 

on final passage of bills , Ill 

on veto Ill 

Zoning of municipalities, XIII 



Sec. 

20 

21 

6 

2 

12 

25 

14 

2 

6 

4 

5 

8 

21 

19 

8 

11 

10 

I 

24 

26 

10 

9 

19 

22 

18 

5 

6 

17 

21 

18 

2 

3 

4 

17 

21 

12 

2 

i 
i 

27 

20 

1 

3 

1 

15 

1 

5 

3 

5 

24 

10 

22 

7 

18 

24 

6 

12 

3 

13 

1 

20 

17,18 

10 

section 

21 

14 

13 

7 

17 

24 




(414) 



LIBRARY OF CONGRESS 



020 553 783*1 



